RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01192
            INDEX CODE:  124.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

Any reference to the physical or  sexual  abuse  of  his  children  be
removed from his medical or military records.

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APPLICANT CONTENDS THAT:

He as an American is supposed to be innocent until proven guilty by  a
court of law.  He never went before a court of  law  for  physical  or
sexual  abuse  of  his  children.   All  charges  have  been  dropped.
Therefore, he is innocent by Constitutional law.  He  is  innocent  of
all charges because he did not commit the offenses.

In support of his appeal, the applicant provided a statement from  the
District Clerk, Travis County, Texas, and  a  copy  of  AF  Form  565,
Record of Inpatient Treatment.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Dec 63 in the  grade
of airman basic.  He entered his last enlistment on 1 Aug 83.

Available documentation indicated that on  16  Jun  83,  the  Clinical
Social Worker at Bergstrom AFB received a phone call  from  the  Child
Protective Services,  requesting  information  about  the  applicant’s
family.  It had been reported  to  the  agency  that  the  father  had
spanked his smallest son, leaving bruises on  his  buttocks.   It  was
also alleged that he used hypnosis in order to control his kids.

On 28 Jun 83, the applicant  was  interviewed  in  the  Mental  Health
Clinic.  The Child Protective  Social  Worker  was  present.   It  was
concluded that the allegations were unfounded.  The applicant had over-
disciplined the child.

On 26 Jul 83, the Child Advocacy Committee elected to leave  the  case
open.  The Mental Health Clinic would interview the  applicant  again.
An assessment  of  the  home  environment  would  be  done  concerning
allegations that the applicant was an over-disciplinarian, rigid,  and
appeared depressed.  The kids complained of having  to  climb  a  rope
tied in the back yard, at the applicant’s orders, for exercise.

A Narrative Summary (Clinical Resume) indicated that,  on  30 Mar  84,
the applicant was auto-evacuated to Wilford Hall Medical Center from a
civilian hospital where he had been admitted earlier in  the  day  for
suicidal ideation.  He was in his usual state  of  health  until  four
days prior to admission, when his oldest daughter ran away from  home.
She had subsequently turned him  in  for  sexual  abuse.   The  police
informed the applicant of  their  investigation  one  night  prior  to
admission and the following day he presented himself at the  Bergstrom
AFB Hospital’s Mental Health Clinic and stated that he wanted to  kill
his eldest daughter and her boyfriend and to kill himself.

The Narrative Summary also indicated that the applicant’s  history  of
incestuous relationship went back several years,  with  the  applicant
relating a frequency of approximately two times or more per month.  He
stated he had also fondled his 13 year old daughter, but denied sexual
intercourse.  It was  reported  that  the  applicant  admitted  having
sexual intercourse with the 13 year old to officials at Bergstrom AFB.
 He had previously been charged with physically abusing his nine  year
old son, but those charges were dropped.

The applicant was diagnosed  with  pedophilia,  manifested  by  sexual
activity with children; an adjustment disorder with depressed mood  in
response to possible legal proceedings; and alcohol abuse, episodic.

Applicant was relieved from active duty on 31 May 84 and  retired  for
length of service,  effective  1  Jun  84,  in  the  grade  of  master
sergeant.  He was credited with 20 years, 5  months,  and  4  days  of
active duty service.

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AIR FORCE EVALUATION:

AFMOA/SGZF provided an initial evaluation stating that a review of the
Child Advocacy  notes  in  the  applicant’s  military  medical  record
indicated no direct reference to any case disposition of substantiated
physical or sexual abuse of his children.  As such,  the  request  for
removal of these specific Child Advocacy notes (dated 26  Jul  83,  13
Sep 83, and 1 Nov 83) from the military medical record is justified.

A complete copy of the AFMOA/SGZF evaluation is at Exhibit C.

The   Chief   Medical   Consultant,   AFBCMR,   recommended    denial.
Essentially, the Medical Consultant  indicates  the  record  is  clear
concerning the  applicant’s  sexual  activities  with  his  daughters.
Therefore, nothing further is needed.  Even though he  stated  he  was
never tried in court for such activities, in the Medical  Consultant’s
view, the medical records were evidence enough of his guilt.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
D.

AFMOA/SGZF provided another evaluation  in  response  to  the  Medical
Consultant’s   request   that   they   reconsider    their    previous
recommendation.  For clarification, AFMOA/SGZF  indicated  that  their
office is the functional reviewer for Child Advocacy  notes  found  in
the military medical record, not any Mental Health notes  or  Veterans
Administration medical records.  Therefore, their  recommendation  was
made in reference to Child Advocacy notes only in the medical  record.
The applicant is requesting removal of any reference  to  physical  or
sexual abuse of his children from his  medical  or  military  records.
Reference their memorandum,  dated  1 Oct  01  in  the  Recommendation
section; “Review of Child  Advocacy  notes  in  the  military  medical
record indicates no  direct  reference  to  any  case  disposition  of
substantiated  physical  or  sexual  abuse  of  children.”   As  such,
AFMOA/SGZF reviewed it  as  problematic  as  to  how  case  management
occurred in the case as no disposition was documented.  As  no  direct
reference was made in these notes  to  physical  or  sexual  abuse  of
children and  as  no  disposition  was  evident,  AFMOA/SGZF  supports
removal of those notes from the military medical record.

AFMOA/SGZF noted that  the  BCMR  Medical  Consultant  referenced  the
applicant’s psychiatric hospitalization.  During this hospitalization,
the applicant apparently admitted to incestuous activity.  The Medical
Consultant further noted  that  the  medical  records  should  not  be
changed due to this self-admission.  AFMOA/SGZF indicated that they do
not  disagree  with  that  recommendation,  but   clearly   made   the
distinction in they are not  the  functional  reviewer  for  inpatient
psychiatric hospitalizations.  They concurred with not  removing  that
documentation from the medical record as it clearly documents a course
of  hospitalization  to  include  the  applicant’s  account   of   the
presenting problem.

A complete copy of the AFMOA/SGZF evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  21
Nov 01 for review and response.  As of this date, no response has been
received by this office (Exhibit F).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  After a thorough of the
evidence  presented,  including  the   favorable   recommendation   by
AFMOA/SGZF, we are not persuaded that corrective action is  warranted.
The applicant requests that any reference to the  physical  or  sexual
abuse of his children be removed from his medical or military records.
 He contends that removal is appropriate because he did not commit the
offenses.  However, the evidence of record reveals that the  applicant
had a history of incestuous relationships, even  admitting  to  having
sexual intercourse with his daughters.  He  was  ultimately  diagnosed
with pedophilia.  We did note that he had been previously charged with
physically abusing his son, but those charges were dropped because the
allegations were not substantiated.  It appears that it is the entries
in the applicant’s medical records  pertaining  to  this  matter  that
AFMOA/SGZF is recommending be removed.  In their view, since there was
no case disposition or substantiated physical or sexual abuse, removal
of the entries is appropriate.  We do not agree.  The entries were the
result of an incident  that  raised  concerns  about  the  applicant’s
physical abuse of his son.  These concerns were caused by the  bruises
noticed on his son’s buttocks.  In our view, they  were  appropriately
entered at the time, are now a  matter  of  record,  and  we  are  not
inclined remove them.  In view of the foregoing, we find no compelling
basis to recommend granting the relief sought in this application.

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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 9 Jan 02, under the provisions of AFI 36-2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Mr. Thomas J. Topolski, Member
      Mr. Clarence D. Long, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFMOA/SGZF, dated 1 Oct 01.
    Exhibit D.  Letter, Medical Consultant, dtd 15 Oct 01.
    Exhibit E.  Letter, AFMOA/SGZF, dtd 2 Nov 01.
    Exhibit F.  Letter, SAF/MRBR, dated 21 Nov 01.




                                   GREGORY H. PETKOFF
                                   Panel Chair