RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00091
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 JULY 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded and he be issued an honorable discharge
certificate.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was persecuted for a crime that he did not commit. Although the charges
were voluntarily dropped and dismissed by the courts, his commanders forced
him out of the Air Force. He was given a general discharge without
consideration of his exemplary record. He was forced to repay the signing
bonus he received and lost a promotion due to be effective 1 August 1982.
Applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on 6 May 1975.
He reenlisted in the Regular Air Force on 11 January 1980. He was
progressively promoted to the grade of staff sergeant (E-5). On 10 May
1982, the commander notified him of his intent to initiate discharge action
against him under the provisions of AFM 39-12. The commander indicated his
reason for the action was that the applicant committed indecent acts with
his minor stepdaughter. Applicant waived his right to a board hearing
contingent upon him receiving a general discharge certificate. The
conditional waiver was accepted and on 27 July 1982, he was discharged
under the provisions of AFM 39-12 (Misconduct – Sexual Perversion – Board
Waiver). He completed 8 years, 2 months, and 22 days of active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied and states, in part, that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. Further, the discharge was
within the discretion of the discharge authority. Applicant did not submit
any evidence or identify any errors or injustices that occurred in the
discharge processing, and provided no facts warranting a change to his
service characterization.
The AFPC/DPPRS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 27
January 2006, for review and comment, within 30 days. However, 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 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
available evidence, the discharge appears to be in compliance with the
governing Air Force Manual in effect at the time and we find no evidence to
indicate the applicant was denied any rights to which entitled, or that his
separation from the Air Force was inappropriate. Contrary to the
applicant’s belief, his record of service was considered when determining
the characterization of his service. Given the seriousness of the
misconduct, i.e., committing indecent acts with his minor step-daughter, he
could have received an Under Other than Honorable Conditions (UOTHC)
discharge, as initially recommended by the squadron commander. Further,
applicant could have requested to present his case, with counsel, before an
administrative discharge board; however, after consulting with counsel, he
chose to waive his right to do so contingent upon his receipt of no less
than a general discharge. The group commander recommended acceptance of
the conditional waiver since other than the allegations for which the
discharge action was initiated, he had a commendable military record. The
discharge authority considered the conditional waiver and determined the
issuance of a general discharge was warranted based on his duty
performance. Therefore, in the absence of evidence to the contrary, we
find no compelling basis 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 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-2006-00091
in Executive Session on 2 March 2006, under the provisions of AFI 36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Mr. James L. Sommer, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jan 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 23 Jan 06.
Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.
MARILYN M. THOMAS
Vice Chair
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