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AF | BCMR | CY2006 | BC-2006-03449
Original file (BC-2006-03449.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-03449
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE

                                   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 11 MAY 2008

______________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation  (misconduct  –  sexual  deviation)  be
changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

It appears applicant is saying he suffered from paranoid  schizophrenia  at
the time; however, this along with the rest  of  his  contentions  are  not
clearly noted on his application.

His complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 September 1972. On 21 May
1984, he was notified by his commander  that  he  was  recommending  he  be
discharged  from  the  Air  Force  under  the  provisions  of  AFR   39-10,
Administrative Separation of Airmen, and paragraph 5.49  for  misconduct  –
sexual deviation.  The specific reasons for this action were  in  May  1983
and August 1983, he committed lewd and lascivious acts upon a 16  year  old
female by fondling  her  breast  and  grabbing  her  buttocks  without  her
consent.  Also between January 1982 and  August  1983  applicant  committed
indecent acts upon a female child under the age of  16  (7  years  old)  by
placing his  hands  inside  her  panties  and  massaging  her  vagina.  The
applicant waived his right to a hearing before an administrative  discharge
board.  In a legal review of his  case  the  base  legal  office  found  it
legally sufficient and recommended an under other than honorable conditions
discharge.  Applicant was discharged in the grade of staff sergeant  on  13
August 1984 with  service  characterized  as  under  other  than  honorable
conditions.  He was assigned RE code “2B” which denotes  “discharged  under
other-than-honorable conditions”.

He served a total of 11 years, 10 months and 16 days on active duty.

Pursuant to the Board’s request, the FBI indicated that on  the  basis  on
the data furnished, they were unable to locate an arrest record.  (Exhibit
C).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the  discharge  was  consistent
with  the  procedural  and  substantive  requirements  of   the   discharge
regulation.  In addition, the discharge was within the sound discretion  of
the discharge authority.  He did not submit any new  evidence  or  identify
any errors or injustices that occurred in his discharge processing.

The complete DPPRS evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  8
December 2006 for review and comment within 30 days.  As of this date, this
office has received no response (Exhibit E).

________________________________________________________________

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 an error or injustice.   After  careful  consideration  of  the
available evidence, we found no indication that  the  narrative  reason  for
his discharge was improper or contrary to the provisions  of  the  governing
regulations in effect at the time.  Therefore, we  agree  with  the  opinion
and recommendation of the Air Force office  of  primary  responsibility  and
adopt its rationale as the basis for our conclusion that the  applicant  has
not been the victim of an error or injustice.


________________________________________________________________


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  BC-2006-03449  in  Executive
Session on 23 January 2007, under the provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Judith B. Oliva, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 November 2006.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Letter, dated 8 December 2006.
    Exhibit D.  AFPC/DPPRS Letter, dated 30 November 2006.
    Exhibit E.  Letter, SAF/MRBR, dated 8 December 2006.




            CHARLENE M. BRADLEY
            Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office Of The Assistant Secretary

AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

XXXXXXX
XXXXXXX
XXXXXXX

XXXXXXX

      Reference your application, AFBCMR BC-2006-03449 submitted under the
provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and military records,
the Board determined that the evidence you presented did not demonstrate
the existence of material error or injustice.  Accordingly, the Board
denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence, a
further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





                                                       GREGORY E.
JOHNSON
                                                             Chief
Examiner
                                                 Air Force Board
for Correction
                                                       of Military
Records

2 Attachments:
Record of Board Proceedings
Information Bulletin



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