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AF | BCMR | CY2007 | BC-1988-01116A
Original file (BC-1988-01116A.doc) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  1988-01116
            COUNSEL:  NONE
      xxxxxxxxxxxxx    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 DECEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the  applicant’s  request  for  reconsideration,  he  requests  that  his
dishonorable discharge be remitted to allow for his retirement.
_________________________________________________________________

STATEMENT OF FACTS:

On 26-27 August 1985, the applicant was tried by general  court-martial  for
the offenses of rape of his stepdaughter; on divers occasions between 1  May
1982 and 1 February 1985, commit the offense of carnal  knowledge  with  his
stepdaughter and on divers occasions between  1  May  1982  and  1  February
1985, commit sodomy with his stepdaughter, a  child  under  the  age  of  16
years, by force and without the consent of the said stepdaughter.   He  pled
and  was  found  guilty,  and  was  sentenced  to  be  discharged   with   a
dishonorable discharge, to be confined for 7  years  and  reduction  to  the
grade of sergeant (E-4).

A similar appeal was considered and denied by the Board on 13 October  1988.
  For  an  accounting  of  the  facts  and  circumstances  surrounding   the
applicant’s separation, and, the rationale for the earlier decision  by  the
Board, see the Record of Proceedings at Exhibit I.

On 8 June 2007, the  applicant  submitted  a  request  for  reconsideration,
contending that he pled guilty because he thought  he  was  doing  the  best
thing for his family and the United States Air Force.  He did not  want  his
court-martial to become a spectacle and wanted to save the Air Force  money.
 He never dreamed the Air Force would deny  him  retirement  benefits.   The
applicant’s complete submission, with attachments, is at Exhibit J.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

In earlier findings, the Board determined there  was  insufficient  evidence
to  warrant  a  recommendation  that  retirement  be  substituted  for   his
dishonorable  discharge  on  the  basis  of  clemency.   After   a   careful
reconsideration of his request and his most recent  submission,  we  do  not
find it sufficiently  compelling  to  warrant  a  revision  of  the  Board’s
earlier determination in this case.  We find  no  evidence  which  indicates
that the applicant’s service characterization, which had its  basis  in  his
conviction by general court-martial and was a part of the  sentence  of  the
military court, was improper or that it exceeded the limitations  set  forth
in the Uniform Code of Military Justice (UCMJ).   Accordingly,  we  find  no
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-1988-01116
in Executive Session on 12 July 2007, under the provisions of AFI 36-2603:

            Mr. James A. Wolffe, Acting Panel Chair
            Ms. Donna D. Jonkoff, Member
            Ms. Janet I. Hassan, Member


The following documentary evidence  pertaining  to  Docket  Number  BC-1988-
01116 was considered:

      Exhibit I.  Record of Proceedings, dated 13 Oct 88,
                with Exhibits.
      Exhibit J.  Applicant’s DD Form 149, dated 8 Jun 07,
                        with attachments.





                                   JAMES A. WOLFFE
                                   Acting Panel Chair

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