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
AF | BCMR | CY2007 | BC-2006-03274
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03274 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 APRIL 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. A copy of the report was provided to the applicant on 15 Dec 06 for review and response...
AF | BCMR | CY2008 | BC-2006-02737
________________________________________________________________ STATEMENT OF FACTS: On 15 September 2006, the applicant submitted an appeal to the Board requesting her BCD be upgraded to a general discharge. ________________________________________________________________ THE BOARD RECOMMENDS: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 12 April 1993, she was discharged with service characterized as general (under...
AF | BCMR | CY2005 | BC-2005-00467
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00467 INDEX CODE: 110.00 XXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXXX HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 13 AUGUST 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. He was reduced to the grade of airman basic with a date of rank of 20 September...
AF | BCMR | CY2003 | BC-2003-03449
AFBCMR BC-2003-03449 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: APPLICANT 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 | CY2005 | BC-2005-02478
Headquarters Twenty-Second Air Force/JA reviewed the case and found it legally sufficient and recommended applicant’s request for discharge in lieu of trial by court-martial be approved. On 18 February 1990, the applicant submitted an application to the Air Force Discharge Review Board (AFDRB) requesting his UOTHC discharge be upgraded to honorable. The AFDRB reviewed the evidence of record and concluded the discharge was consistent with procedural and substantive requirements of the...
AF | BCMR | CY2006 | BC-2005-03482
He was discharged for miscellaneous/general reasons on 10 Jan 05 and given a separation code of “KND.” _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends denial of the applicant’s request. Based on the documentation on file in the records, the applicant’s separation was consistent with the procedural and substantive requirements of the discharge regulations. We took notice of the applicant's complete submission in judging the...
AF | BCMR | CY2006 | BC-2006-01685
_________________________________________________________________ APPLICANT CONTENDS THAT: Most of his 13 years of service were honorable; however, in his last year of service he developed a drinking problem. _________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that that on 23 December 1959, he was honorably discharged and furnished an...
AF | BCMR | CY2005 | BC-2005-01042
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01042 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 31 SEPTEMBER 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. On 6 April 1984, the applicant was notified of his commander’s intent to impose nonjudicial...
AF | BCMR | CY2005 | BC-2005-00289
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00289 INDEX CODE: 110.02 XXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 JULY 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). DPPRS states that based upon the documentation in the file, the discharge was...
AF | BCMR | CY2006 | BC-2005-03294
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03294 INDEX NUMBER: 110.00 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 28 Apr 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Other than Honorable Conditions) discharge be upgraded to honorable. On 27 Feb 90, the applicant’s case was forwarded through channels by the wing...