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AF | BCMR | CY1998 | 9802020
Original file (9802020.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-02020 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

- - -  

Applicant requests that his under other than honorable conditions 
discharge be upgraded to honorable.  Applicant's submission is at 
Exhibit A. 
The  appropriate Air  Force office evaluated  applicant's request 
and provided  an advisory opinion to the Board  recommending the 
application be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the applicant for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient evidence of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory Opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent  persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 
Accordingly, applicant's request is denied. 
The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

r. 

Members of the Board Mr.  Henry C. Saunders, Ms. Ann  L. Heidig, 
and Ms. Sophie A. Clark considered this application on 10 Dec 98 
in accordance with  the provisions of Air  Force  Instruction 36- 
2603 and the governing statute, 10 U.S.CP552. 

Exhibits : 
A .   Applicant's DD Form 149 
B.  Available Master Personnel Records 
C .   Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

DEPARTMENT  OF THE A I R   FORCE 

H E A D Q U A R T E R S  AIR  FORCE P E R S O N N E L  C E N T E R  

R A N D O L P H  AIR  FORCE  B A S E  T E X A S  

AUG  2 7  1998 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPRS 

550 C Street West Ste 11 
Randolph AFB TX  78 150-47 13 

The applicant, while serving in the grade of senior airman, was discharged fiom the Air Force 
28 Jun 83 under the provisions of AFR 39-10 (Msconduct Sexual Deviatioaoard Waiver) with 
an under other than honorable conditions discharge.  He served 09 years 04 months and 23 days 
active service. 

Requested Action.  The applicant is requesting his under other than honorable conditions 

discharge be upgraded to honorable. 

Basis for Recpest.  Applicant claims his discharge was based on erroneous information and 

quick action by the Commander due to sensitivity of his job and publicity about his unit at Tinker 
AFB OK.  He states he was not charged by civilian authorities however, after his commander and 
OS1 was notified and a newspaper article published giving his name, along with mention of his 
unit, it did not set well with the Air Force and it was strongly suggested to him that he leave the 
Air Force under other than honorable conditions.  He indicates he was rather upset but did not 
argue the matter.  Additionally, he claims the Veterans Administration accepted him for full 
benefits under the GI Bill after they investigated and was provided information concerning his 
case by his former commander. 

Facts.  Applicant’s master personnel record does not contain the discharge case file however, 
his DD Form 2 14 indicates his discharge was for misconduct- sexual deviation.  In addition, his 
record indicates he was administered Art  15 punishment on 01 Oct 82 because he communicated 
to three children under the age of 16 years, certain indecent language, to wit “Conversation you 
had with the three boys in regard to posing nude for money.”  Finally, his record contains an AF 
Form 2098 (Duty Status Change) dated 20 Jun 83 prepared to report applicant’s period of 
absence fiom military control for the period 04 Jan 83 to 12 Jan 83 with remarks “Member 
waived all rights to remain silent and pleaded guilty to charges brought by the U.S. District Court 
for the Northern District of NeWYork, Case No. 83-CR-50, of knowlingly used U.S. mails for 
delivery and receipt of certain nonmailable matter including photographic film, prints, negatives, 
consisting of and containing obscene, lewd, lascivious, indecent, filthy, and vile pictures of 
persons under  16 years of age in violation of Title 18, USC, Sec 13 and Sec 1040.13 of the 
Oklahoma statutes . ” 

- r e  

i 

Recommendation.  Applicant did not identi@ any specific errors in the discharge processing nor 

provide facts which warrant an upgrade of the discharge he received over 15 years ago and has 
indicated in his application that he was upset to the recommendation that he leave the Air Force 
under other than honorable condition but, did not argue the matter.  Therefore, we recommend 
applicant’s request be denied.  He has not filed a timely request. 

Military Personnel Mgmt Spec 
Separations Branch 
Dir of Personnel Program Management 



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