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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