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AF | BCMR | CY1998 | 9800819
Original file (9800819.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

FEE3 2 4 1999 

IN THE MATTER OF: 

DOCKET NUMBER:  98-00819 

COUNSEL:  None 

HEARING DESIRED:  Yes 

APPLICANT REQUESTS THAT: 
He  be  retired  in  the  grade  of  captain versus  first  lieutenant 
(1Lt) 

APPLICANT CONTENDS THAT: 
The reasons applicant believes he has been the victim of an error 
and/or  an  injustice  are  contained  in  his  complete  submission, 
which is at Exhibit A. 

STATEMENT OF FACTS: 
During the period  in question, applicant was a captain  (Date of 
Rank:  5  Aug  87)  assigned  as  the  commander  of  Detachment  6, 
Buckley Air National Guard Base, CO. He was the only officer at 
the Detachment. 
According to an AFOSI Report of Investigation (ROI) dated 17 June 
1994,  witnesses  disclosed  that  during  a  party  hosted  by  the 
applicant on 21 May 1994, he was highly intoxicated and the party 
!!got out of hand." During this party, as well as an earlier one, 
he committed, or attempted to commit, several inappropriate acts 
with female dependent spouses, particularly while  in a hot  tub. 
During  witness  interviews,  admissions  were  made  by  a  female 
dependent spouse that she did have consensual sexual intercourse 
with  applicant  on  21  May  1994.  Applicant  admitted  to  having 
sexual intercourse with  the  same dependent  spouse but  that  the 
other incidents were initiated by the female dependent spouses. 

Applicant  was  subsequently reprimanded  and  required  to  forfeit 
$1,000 of pay pursuant to Article 15 imposition on 28  July 1994 
f o r   the offenses of indecent assault and adultery. Applicant did 
not  appeal  the  punishment.  He  submitted  an  application  for 
retirement which prompted an officer grade determination. 
The  Air  Force  Personnel  Board  considered  applicant's case  on 
19 December 1994  and  found that he  had  Ilcommitted not  just  one 

indiscretion,  but  a  whole  series  of  acts  which  are 
extraordinarily destructive to the unity of effort every military 
organization must  nurture  in  order  to  be  effective."  In  the 
board's view, the applicant abandoned his rank, if not his very 
status as  an  officer, and  should deem  himself  fortunate to be 
allowed to retire at all, much less to be retired in his current 
grade. Accordingly, the board unanimously resolved to retire him 
in the lower rank of 1Lt. 
On 2 March  1995,  the Secretary of  the Air  Force  (SAF) ,  through 
the Deputy for Air Force Review Boards, determined the applicant 
did not serve satisfactorily in the grade of captain and directed 
he be retired as a 1Lt. 

Applicant was retired in the grade of 1Lt on 1 April 1995 with 23 
years, 3  months and 4 days of active service, the last 11 years 
as a commissioned officer. 

AIR FORCE EVALUATION: 

The  Chief,  Retirements  Branch,  HQ  AFPC/DPPRR,  reviewed  this 
appeal  and  states  that  the  procedures  to  present  the  officer 
grade  determination package  to  the  SAF  Personnel  Council  were 
proper and no errors or injustices took place.  Therefore, denial 
is recommend. 
A copy of the complete evaluation is at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

A complete copy of the Air Force evaluation was forwarded to the 
applicant on 4 May  1998  for review and  comment within  30 days. 
As of this date, no response has been received by this office. 

THE BOARD CONCLUDES THAT: 
1.  The applicant has exhausted all remedies provided by existing 
law or regulations. 

2.  The application was timely filed. 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice  to 
warrant  retiring  the  applicant  in  the  grade  of  captain. 
Applicant's contentions are duly noted; however, we do not  find 
these assertions, in and by  themselves, sufficiently persuasive 
to  overcome  the  substantial evidence  of  his  grave  misconduct. 
Applicant  has  provided  no  persuasive  documentation  that  the 

2 

98-00819 

officer  grade  determination  process  was  in  error,  nor  has  he 
demonstrated that the Air Force Personnel Board's recommendation 
and  the  SAFIs  decision  to  retire  him  in  the  lower  grade  was 
unjust  and  not  soundly  based  on  the  evidence  of  record.  The 
applicant  has  failed  to  sustain his  burden  of  having  suffered 
either an error or an injustice. Therefore, in view of the above 
and  absent  persuasive  evidence  to  the  contrary,  we  find  no 
compelling basis to recommend granting the relief sought. 

4.  The documentation provided  with this case was sufficient to 
give the Board a clear understanding of the issues involved and a 
personal  appearance, with  or  without  legal  counsel, would  not 
have  materially  added  to  that  understanding.  Theref ore ,  the 
request for a hearing is not favorably considered. 

THE BOARD DETERMINES THAT: 

The  applicant  be  notified  that  the  evidence presented  did  not 
demonstrate  the  existence  of  probable  material  error  or 
injustice; that  the  application. was  denied  without  a  personal 
appearance; and  that  the application will  only be  reconsidered 
upon  the  submission of  newly  discovered  relevant  evidence  not 
considered with this application. 

, 

The following members of the Board considered this application in 
Executive Session on 3 December 1 9 9 8   under the provisions of AFI 
36-2603 : 

Mrs. Barbara A. Westgate, Panel Chair 
Dr. Gerald B. Kauvar, Member 
Ms. Rita J. Maldonado, Member 

The following documentary evidence was considered: 

Exhibit A.  DD Form 1 4 9 ,   dated 1 9  Mar 98,  w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, HQ AFPC/DPPRR, dated 16 Apr 9 8 .  
Exhibit D.  Letter, AFBCMR, dated 4 May 9 8 .  

BARBARA A. WESTGATEU 
Panel Chair 

3 

9 8 - 0 0 8 1 9  



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