ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1998-01144
INDEX CODE 106.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his 1998
dishonorable discharge be upgraded to under-other-than-honorable-conditions
(UOTHC) discharge.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Louisiana Army National Guard on 29 Nov 84,
and was honorably discharged on 9 Jan 88.
The applicant enlisted in the Regular Air Force on 3 Aug 88 for a period of
6 years and served as an avionic systems journeyman in the grade of senior
airman. At a bench trial on 30 Aug 94, the applicant pled guilty to
sexually abusing his then six-year old stepdaughter (indecent acts and
indecent liberties) in violation of Article 134, Uniform Code of Military
Justice (UCMJ). The applicant was sentenced to a dishonorable discharge,
eight years of confinement, forfeiture of all pay and allowances, and
reduction to airman basic. On 10 Nov 94, the convening authority reduced
the sentence to a dishonorable discharge, six years confinement, and
reduction to airman basic to comply with a pretrial plea agreement. On
8 Jul 96, the US Air Force Court of Criminal Appeals (USAFCCA) affirmed the
findings but reduced the sentence to five years and six months to cure an
evidentiary error in the sentencing hearing. On 17 Dec 97, the US Court of
Appeals for the Armed Forces affirmed the decision of the USAFCCA. The
applicant’s dishonorable discharge was subsequently executed on 17 Feb 98.
On 16 Apr 99, the AFBCMR denied the applicant’s request to have his
dishonorable discharge “upgraded to a level where a discharge will not
effect [his] chances for hiring with a job that is professional.”
For an accounting of the facts and circumstances surrounding the
applicant’s separation and the rationale of the earlier decision by the
Board, see the Record of Proceedings (ROP) at Exhibit E.
On 13 Jan 2003, the applicant registered as a sexual offender. The
registration expires on 12 Jan 2012.
On 7 Feb 06, the applicant submitted a request for reconsideration,
contending he paid his dues to society and his crime should not prevent him
from working in the aviation field. Aviation companies will not hire him
because he has an FBI file and a dishonorable discharge. He has complied
with registering as a sex offender and attended an aviation maintenance
school. He lives with his second wife, who provides for him since his
military conviction prevents him from finding desirable employment.
Included in his submission are a Federal Bureau of Investigation (FBI)
Report, sex offender registration, and a transcript and certificates from
the XXXXXXX, OK, Technology Center.
[Note: On 21 Mar 06, pursuant to the AFBCMR Staff’s request, the FBI
provided an investigative report and sex offender registration identical to
the ones provided by the applicant.]
The applicant’s complete submission, with attachments, is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After a thorough review of the evidence of record and the applicant’s
submission, we are not persuaded his discharge should be upgraded to UOTHC.
The applicant’s confinement was reduced on appeal from eight years to five
years and six months. We concede the applicant may be experiencing
employment difficulties, given his egregious offense, his FBI arrest
record, and his registration as a sex offender. While we encourage his
efforts at rehabilitation, he has not submitted persuasive evidence that he
has been the victim of an error or injustice, or should be afforded
additional relief beyond his reduced sentence on the basis of clemency. In
view of the above, we find no compelling basis on which to overturn the
earlier Board Panel’s decision to deny 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 this application in
Executive Session on 12 April 2006 under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Jean A. Reynolds, Member
The following documentary evidence relating to AFBCMR Docket Number BC-1998-
01144 was considered:
Exhibit E. Record of Proceedings, dated 16 Apr 99, w/atchs.
Exhibit F. Applicant's DD Form 293, dated 7 Feb 06, w/atchs.
KATHLEEN F. GRAHAM
Panel Chair
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