RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03912
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His involuntary separation with an Under Other Than Honorable
Conditions (UOTHC) discharge be changed to an honorable discharge and
he be allowed to retire.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The powers that be (his military chain of command) of his Alaska Air
National Guard (AKANG) unit, and others, all conspired to end his
career. They disregarded an Alaska Superior Court Judge’s arrangement
to have him do his jail time in the North Star housing program which
would have allowed him to attend work and be present for duty on Unit
Training Assemblies (UTA’s – Drills). His was a first criminal
offense and had no connection to his military service at all. They
did not genuinely concern themselves with consideration of his family
and last but not least, they gave no consideration to the fact he had
served 19 years, 8 months, and 20 days of satisfactory service. He
further states there were several individuals in his unit that had
broken the law in numerous ways but were either allowed to continue
their service or retire.
In support of his appeal, the applicant has provided a personal
statement, a letter from counsel to his commander, pertinent copies of
his legal paperwork, and copies of his DD Form 214, Certificate of
Release or Discharge from Active Duty, a point credit summary, letters
from applicant to his commander and from his spouse to his commander.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant, a former member of the AKANG, enlisted in the Regular Air
Force on 1 February 1980. He enlisted in the AKANG on 20 January 1993
where he served six satisfactory years of service. During 1999 he was
convicted by the Alaska Superior Court of committing felony Sexual
Abuse of a Minor III. On 19 January 1999, he was involuntarily
separated from the AKANG with an UOTHC discharge after having served
19 years, 8 months, and 20 days of satisfactory service. He was
discharged in the grade of senior airman. On 23 July 1999, he was
ordered by the court to report to custody on 1 September 1999.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1POF recommends denial. A1POF states he was discharged after
administration of an AKANG Administrative Discharge Board (ADB) for a
civil conviction of sexual abuse of a minor in the second degree. The
severity of this charge warranted immediate administrative action as
this type of behavior is not considered conducive to continued
military affiliation. A1POF notes his interpretation of the act as
insignificant further confirms his unsuitability for continued
military service.
A1POF’s complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
10 March 2006 for review and comment within 30 days. As of this date,
no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and applicant's submission, we are not persuaded
that his uncorroborated assertions of a conspiracy by his chain of
command to end his career or the opportunity of other airmen to retire
or continue serving after having broken the law, in and by themselves,
sufficiently persuasive to override the rationale provided by the Air
National Guard. Therefore, we agree with the opinion and
recommendation of the Air National Guard office of primary
responsibility and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden of having
suffered either 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.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing 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 AFBCMR Docket Number BC-
2004-03912 in Executive Session on 1 August 2006, under the provisions
of AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Elwood C. Lewis, III, Member
Ms. Donna D. Jonkoff, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Dec 04, w/atchs.
Exhibit B. Letter, NGB/A1POF, dated 7 Mar 06, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 10 Mar 06.
JOHN B. HENNESSEY
Panel Chair
AF | BCMR | CY2006 | BC-2005-03582
A1POF’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant agrees with the ANG that his discharge was handled with all applicable regulations, however, the WYANG acted on “bad” information provided by his doctor. He contends he was too young at the age of 38 to have contracted a bipolar disorder and instead asserts he suffered from a “situation” disorder based on many personal changes...
AF | BCMR | CY2006 | BC-2005-01951
The Air Force Reserve Officer Training Corps (AFROTC) also committed a clerical error claiming he had received $525 from an AFROTC scholarship from 1 April 1998 to 15 July 1998. He did receive a copy of the order releasing him from the Air Force Reserves as it was provided as his evidence; therefore, he was fully aware of the SGLI charges. _______________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...
AF | BCMR | CY2006 | BC-2006-00586
He checked back in September and was told the FY05 guidance had been received and his reenlistment bonus would not increase. As he was improperly advised on the amount of the bonus and the timing of his reenlistment, he requests his contract be re-accomplished under the FY05 ANG Incentive Program and he be awarded the additional $10,000 he would have received had he waited to reenlist. _________________________________________________________________ THE BOARD DETERMINES THAT: The...
AF | BCMR | CY2006 | BC-2005-03525
Additionally, he was activated post 9-11 from December 2001 to December 2002 and was not offered participation in the MGIB, nor was he briefed as to any other available benefits like the “CH 1607.” Lastly, when he was hired as an Active/Guard Reserve (AGR) on 1 February 2003, he was not offered the chance to participate in the MGIB program. He visited the base education office and they had no information on the conversion option to the MGIB program. After a thorough review of the evidence...
AF | BCMR | CY2008 | bc-2007-00522
He completed 22 years and 21 days of honorable military service. In order to be eligible for Reserve retired pay under the provisions of Title 10, United States Code (10 USC), Section 12731, a member must complete 20 years of satisfactory service. However, as of this date, no response has been received by this office.
AF | BCMR | CY2006 | BC-2006-00746
Prior to being released on 26 June 2004, he requested additional orders so he may remain on active duty until the MEB had heard his case and made a final decision on it. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was not released from active duty with the Air National Guard on 21 January 2006, but was continued on active duty...
AF | BCMR | CY2008 | BC-2006-02972
Furthermore, he can resubmit his application with specific documentation supporting his request and provide his current contact information. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that he should be given the requested relief. We therefore agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden...
AF | BCMR | CY2006 | BC-2005-03810
INDEX CODE: 100.03 BC-2005-03810 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...
AF | BCMR | CY2006 | BC-2005-02123
_________________________________________________________________ APPLICANT CONTENDS THAT: While on active duty with the Regular Air Force, he was promoted to captain and given a promotion line number based on 17 August 1992. Further, if his request to change his DOR was ultimately to entitle him to meet the FY07 ANG mandatory promotion board, then his current DOR to major of 6 February 2000 meets the time in grade requirements and qualifies him to meet the FY07 ANG mandatory board. ...
AF | BCMR | CY2007 | BC-2007-01700
Members of the Board Mr. John B. Hennessey, Ms. Dee R. Reardon, and Mr. Jeffrey R. Shelton considered this application on 16 October 2007. JOHN B. HENNESSEY Panel Chair Attachment Letter, NGB/A1POF, dated 20 Sep 07 AFBCMR BC-2007-01700 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for...