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AF | BCMR | CY2004 | BC-2003-03190
Original file (BC-2003-03190.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03190
            INDEX NUMBER: 100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His discharge should be upgraded because he was not guilty  of  the  charges
against him.

Upon the advice of  his  counsel,  he  agreed  to  the  discharge  with  the
understanding the charges would later be dropped and  he  would  receive  an
honorable discharge; however, this never occurred.  In  addition,  he  chose
to accept the discharge, rather than make the small girls appear before  the
hearing.  He simply wants his  name  cleared  of  the  wrongful  allegations
against him.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the  Regular  Air  Force  on  7 March
1956.  On 1 December 1964, he was notified  of  his  commander's  intent  to
recommend  him  for  an  undesirable  discharge  for  unfitness   -   sexual
perversion.  The commander stated the reason for the proposed discharge  was
the applicant’s indecent act with a child, as reported to  him  by  the  Air
Police and Office of Special Investigation  (OSI).   He  requested  a  board
hearing.   The  board  concluded  that  on  22, 26, and  28  October   1964,
applicant did commit indecent acts with two female children, ages 3  and  5,
and recommended his undesirable  discharge  for  unfitness.   The  discharge
authority approved the recommended  discharge  action  and  he  received  an
undesirable discharge on 29 March 1965 for unfitness  -  sexual  perversion.
He completed a total of 9 years and 23  days  of  active  service.   He  was
serving in the grade of airman first class (E-3) at the time of discharge.

On 12 June 1968, the Air Force Discharge  Review  Board  (AFDRB)  considered
and denied the applicant’s request for an upgrade  of  his  discharge.   The
AFDRB found the applicant was properly discharged and the type of  discharge
was proper and equitable.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP recommends the application be denied, and states, in  part,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation and recommends the application be  denied.   The
discharge was within the sound discretion of  the  discharge  authority  and
the applicant has not submitted any new evidence or  identified  any  errors
or injustices that occurred in the discharge processing.

The AFPC/DPPRSP 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 31 October 2003 for review and response within 30 days.  However,  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 error or injustice.  After thoroughly  reviewing  the  evidence
of record and  noting  the  applicant’s  complete  submission,  we  find  no
evidence of error or injustice.  In this respect, we  note  the  applicant’s
discharge  appears  to  be  in  compliance  with  the  governing  Air  Force
Regulation in effect at the time of his separation and he was  afforded  all
the rights to which entitled.  The applicant has  provided  no  evidence  to
indicate  his  separation  was  inappropriate.   There  being   insufficient
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

4.  We  also  find  insufficient  evidence  to  warrant   recommending   the
discharge be upgraded on the basis of  clemency.   We  have  considered  the
applicant’s overall quality of service and the egregiousness of  the  events
precipitating the discharge, and do not believe that clemency is warranted.

_________________________________________________________________

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-2003-03190
in Executive Session on 4 February 2004, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Mary Johnson, Member
                       Ms. Rita S. Looney, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 20 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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