RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03050
INDEX CODE: 110.02, 106.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His dishonorable discharge be changed to a bad conduct discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The offense he was found guilty of was not dishonorable. He did
nothing to dishonor the United States. What he did was stupid,
immoral and illegal. The dishonorable discharge continues to punish
him on a daily basis and prevents him from applying for jobs that
require a security clearance. The applicant states that changing his
discharge would not exonerate him but will make the discharge more
readily fit the crime.
In support of his request, applicant provided a personal statement, a
copy of his Bachelor of Science Certificate and a copy of his resume.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
9 July 1976.
In January 1988, the applicant was charged with committing indecent
acts upon and taking indecent liberties with three girls under age 16,
soliciting intercourse and sodomy with one of the girls and soliciting
and indecent act with another of the girls, all in violation of
Article 134, UCMJ. He pled guilty to committing indecent acts upon
and taking indecent liberties with one girl and not guilty to all
other specifications of the charge. He elected to be tried by
military judge alone. The military judge found the applicant not
guilty of committing an indecent act on the third girl, but guilty of
all other specifications of the charge. On 21 January 1988, he was
sentenced to a dishonorable discharge, confinement for 30 months,
forfeit of $400 per month for 30 months, and reduced to the grade of
airman basic. On 28 March 1988, the convening authority approved the
sentence as adjudged.
Because his sentence included a dishonorable discharge, the United
States Air Force Court of Military Review reviewed the applicant’s
convictions. On 4 August 1988, the U.S. Court of Military Appeals
denied the applicant’s petition for review. He was discharged on 28
September 1988.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLSA/JAJM recommends denial. The applicant’s contentions are
untimely, without merit and constitute neither error nor injustice and
they recommend the Board deny the applicant relief. The JAJM
evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
31 Jan 03, for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 an error or injustice to warrant changing his
discharge. After careful consideration of the available evidence, we
found no indication that the actions taken to effect his discharge
were improper or contrary to the provisions of the governing
regulations in effect at the time, or that the actions taken against
the applicant were based on factors other than his own misconduct. It
is our opinion, that the dishonorable discharge he received,
accurately characterizes his military service. Therefore, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. Therefore, in the absence of persuasive evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 Docket Number BC-2002-
03050 in Executive Session on 9 April 2003, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Martha Maust, Member
Mr. Billy C. Baxter, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Aug 02 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 14 Jan 03.
Exhibit D. Letter, SAF/MRBR, dated 31 Jan 03.
MICHAEL K. GALLOGLY
Panel Chair
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