RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-00453
                                        INDEX CODE:  110.02

                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded.

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APPLICANT CONTENDS THAT:

He is very sorry and regrets what happened.  He was young,  away  from  home
and having problems with his marriage.  His alcohol  drinking  and  partying
was out of control.  He has spoken to  his  ex-wife,  the  victim’s  mother,
while he was incarcerated.  They both expressed apologies  and  forgiveness.
He’s older and wiser now and realizes  how  much  pain  and  stress  he  has
caused both families.  It was his childhood dream to be in  the  Air  Force.
He has been employed at Chelsea Catering Corporation for the past 15  years.
 He requests that the Board take a serious look at his request.

In support of his request, applicant’s provides a personal statement  and  a
letter from his employer.  His submission, with attachments, is  at  Exhibit
A.

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STATEMENT OF FACTS:

On 1 February 1971, the applicant contracted his initial enlistment  in  the
Regular Air Force.  Prior to the events under review, he  was  progressively
promoted to the grade of staff sergeant (E-5), effective and with a date  of
rank of 1 June 1973.  He continued to  enlist  with  his  last  reenlistment
occurring on 30 April 1982, for a period of 6 years.   Since  his  promotion
to staff sergeant his AF Forms 910, TSgt, SSgt and Sgt Performance  Reports,
for the period beginning 3 December 1982 through 15 April 1986  his  overall
evaluations were 8, 7, 9, and 9 respectively (9 being the  highest  rating).


On 13 October 1988, contrary to his plea, a general court-martial found  the
applicant guilty of committing indecent  acts  upon  the  body  of  a  minor
female in violation of Article 134 of the uniform Code of Military  Justice.
 He was sentenced to be discharged with a bad  conduct  discharge,  confined
for 3 years, forfeiture of four hundred thirty eight dollars  ($438.00)  per
month for 3 years and reduced to the grade of airman  basic.   The  sentence
was approved by the convening authority on 6 May  1987  and  affirmed  on  1
July 1987.

On 7  December  1987,  while  serving  in  confinement,  the  applicant  was
discharged with a  bad  conduct  discharge.   He  had  served  16 years  and
2 months on active duty.  The period 2 April 1987 through  7  December  1987
was time lost due to confinement.

The  remaining  relevant  facts  pertaining  to  applicant’s   court-martial
extracted from the  applicant’s  military  records,  are  contained  in  the
letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

AFLSA/JAJM recommends the application be denied.  JAJM states that a  review
of the record of trial reveals that from February  1985  to  July  1985  the
applicant's wife was hospitalized.  The applicant was the sole caregiver  of
his stepdaughter during his wife's hospitalization.   His  stepdaughter  was
only ten (10) years of age when he sexually assaulted her.  JAJM notes  that
following a failed polygraph examination and an advisement  of  rights,  the
applicant admitted to three (3) incidents of sexual assault.   Additionally,
the record reveals that the applicant was thirty-two  (32)  years  old  when
the offenses occurred.  JAJM states that  the  maximum  punishment  for  the
offenses of  which  the  applicant  was  found  guilty  was  a  dishonorable
discharge, confinement  for  5  years,  total  forfeiture  of  all  pay  and
allowances, and reduction to airman basic.  As a  non-commissioned  officer,
the applicant had a duty to serve as an example to airmen  of  lesser  rank.
Clemency should only be granted when the  applicant  has  demonstrated  that
the degree of punishment in relation to the crime  was  a  clear  injustice.
JAJM opines that he has  made  no  showing.   AFLSA/JAJM  evaluation  is  at
Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 May 2004, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and response within 30 days.  As  of  this  date,  this
office had 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, we find no evidence to show that the applicant’s discharge  as  a
result of his conviction by  court-martial  was  erroneous  or  unjust.   We
believe that the  gravity  of  his  offense  is  supported  by  the  service
characterization he received.  In this regard, we are in agreement with  the
assessment of the Air Force office of primary responsibility and agree  with
their recommendation.  Therefore, we find no basis upon which  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 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  AFBCMR
Docket Number BC-2004-00453 in Executive Session on 1 July 2004,  under  the
provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Feb 04 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, 14 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.





                                   JOHN L. ROBUCK
                                   Panel Chair