RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02491

	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

He would like his DD Form 214, Certificate of Release or Discharge from Active Duty, be upgraded discharge from an under other than honorable conditions (UOTHC) discharge to an honorable.

APPLICANT CONTENDS THAT:

He has completely changed his life.  He has been an ordained minister of a Boston Church since 1991 with a congregation of over 500 people.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Reserve Captain.  

On 6 Feb 87, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force.  The reasons for the action were as follows:  One charge and one specification of sodomy in violation of Article 125, Uniform Code of Military Justice (UCMJ); one charge and one specification of conduct unbecoming an officer and gentleman in violation of Article 133, UCMJ; and one charge and one specification of indecent exposure in violation of Article 134, UMCJ.

On 6 Feb 87, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 9 Feb 87.

On 1 Apr 87, the applicant received an UOTHC discharge. 

A request for post-service information was forwarded to the applicant on 27 Oct 17 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory’s at Exhibit D & E.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  Applicant knew in 1987 that he was being discharged from the Air Force with a UOTHC characterization.  He does not provide any explanation for why this request was not made within three years of this date.  His application could be denied on the basis of any legal error for timeliness alone, but we defer to the expertise of AFPC/JA regarding the sufficiency of the applicant’s discharge action and his request for an upgrade of his service characterization.

AFPC/JA recommends denying the application, According to AFR 36-12, para 2-20, states officers who tender their resignations for any of the reasons do so with the understanding that if their resignation is accepted they will be discharged either: 1) as soon as possible; and 2) Under other than honorable conditions unless the Secretary of the Air Force determines they are entitled to be honorably discharged or discharged with a general discharge (under honorable conditions).  Furthermore, an officer may submit a resignation for the good of the service if they have engaged in conduct that “renders them triable by court-martial.  Within his tender of resignation, he acknowledged he would be discharged under other than honorable conditions, unless the Secretary decided otherwise.

The complete advisory’s are at Exhibit D & E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 18 May 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02491 in Executive Session on 11 Jul 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, w/atch, dated 27 Oct 17.  
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 30 Mar 18.
Exhibit E:	Advisory opinion, AFPC/JA, dated 17 May 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 18 May 18, mailed 
	   	14 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.