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AF | BCMR | CY2004 | BC-2004-01983
Original file (BC-2004-01983.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-01983
                                        INDEX CODE:  110.00
                                        COUNSEL:  American Legion
                                        HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant  proffers  no  contentions.   Applicant’s  submission,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 15 July 1980, the applicant enlisted in the  Regular  Air  Force  in  the
grade of airman basic (E-1) for a period of 6 years.  He  was  progressively
promoted to the grade of senior airman (E-4), with  a  date  of  rank  of  1
September 1983.  He was reduced to the grade of airman  first  class  (E-3),
with a date of rank  of  4 April  1984,  pursuant  to  an  Article  15.   He
received four Airman Performance Reports closing 26 April 1984,  1  December
1983, 1 December 1982 and 14 July 1981, in  which  the  overall  evaluations
were 7, 7, 9 and 9,  respectively.   During  these  reporting  periods,  the
applicant received three AF Forms 77,  Supplemental  Evaluation  Sheets,  in
which  he  was  cited  as  being  a  highly  productive   and   professional
individual.

On 15 February 1984, he received a letter of reprimand for  failure  to  pay
attention to detail by failing to show the desired  aptitude  and  fortitude
in becoming proficient in his assigned specialty.

On 4 April 1984, he was  charged  with  committing  the  offense  of  carnal
knowledge.  For this incident, punishment under Article 15, Uniform Code  of
Military Justice (UCMJ), was imposed.  He received  a  reduction  to  airman
first class, forfeiture of $300 of his pay per  month  for  two  months  and
restriction to the limits of Offutt AFB for 60 consecutive days.

On 27 April 1984, the applicant’s commander initiated discharge  proceedings
against him  under  the  provisions  of  AFR  39-10,  paragraph  5-49a,  for
misconduct  (Sexual  Deviation).   The  applicant  was   notified   of   his
commander’s recommendation and that a general (under  honorable  conditions)
discharge was being recommended.  He was advised of his  rights  and,  after
consulting counsel, he elected not to submit statements in his  own  behalf.
In a legal review of the discharge  case  file,  the  staff  judge  advocate
found it legally sufficient and recommended that he be discharged  from  the
Air  Force  with  a  general  discharge  and  concurred  with  the  squadron
commander  that  the  applicant  not  be  considered   for   probation   and
rehabilitation.  On 16 May 1984, the discharge authority  directed  that  he
be  discharged  with  a  general  under  honorable   conditions   discharge.
Subsequently, the applicant was discharged under the provisions of  AFR  39-
10 (Misconduct – Sexual Deviation) and received a General  (Under  Honorable
Conditions) discharge.  He served 3 years, 10 months, and 2 days  on  active
duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS  states  that  based
upon the documentation in the file, they conclude  that  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation and that the applicant did not identify any  errors  or
injustices in the discharge processing.  The  Air  Force  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 September 2004, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response.  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  careful  consideration  of  the
applicant’s request  and  the  available  evidence  of  record,  we  see  no
evidence that would warrant an upgrade of his characterization  of  service.
The applicant has provided no evidence which would lead us to  believe  that
the  information  in  his  discharge  case  file  is  erroneous,  that   his
substantial rights were  violated,  or  that  his  commanders  abused  their
discretionary authority.  In addition, he has  provided  no  information  to
support clemency on the basis of a successful post-service  adjustment.   In
the absence of such evidence, his request is not favorably considered.

_________________________________________________________________

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 this application in  Executive
Session on 14 October 2004, under the provisions of AFI 36-2603:


           Mr. Thomas S. Markiewicz, Chair
           Mr. John B. Hennessey, Member
           Mr. Alan A. Blomgren, Member

The following documentary  evidence  was  considered  for  AFBCMR  Docket
Number BC-2004-01983:

     Exhibit A.  DD Form 149, dated 19 Aug 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 30 Aug 04.
     Exhibit D.  Letter, SAF/MRBR, dated 3 Sep 04.





                                  THOMAS S. MARKIEWICZ
                                  Chair

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