RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02943
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  28 APRIL 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His under other  than  honorable  conditions  (UOTHC)  discharge  be
upgraded to an under honorable conditions (general) discharge.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Due to local laws, regulations, and business policies, anything  less
than honorable is considered punitive which prevents his  ability  to
help or pursue higher levels of employment.  Since he has no criminal
record and has shown good  citizenship  where  he  can  and  for  his
family’s sake, ask for mercy and an upgrade  to  an  under  honorable
conditions (general) discharge.

In support of his appeal, applicant submitted a statement, letters of
Commendations and support, Certificates.

Applicant’s complete submission, with an attachment, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed as a second lieutenant (2Lt) in the Air Force
Reserves (AFRes) and ordered to extended active duty (EAD) on 30  May
1986.

The applicant was arrested and charged by civilian authorities with
child molestation.  The applicant on a plea agreement  pled  guilty
to a lesser charge of  battery  and  complied  with  court  ordered
probation and psychological treatment leading  to  removal  of  the
criminal record.

On 22 January 1988, the applicant  was  notified  of  his  commander’s
intent to recommend him for discharge from the  Air  Force  under  the
provisions of Air Force Regulation (AFR) 36-2, Chapter 3, paragraph 3-
71.  The specific reasons for the discharge action were:

      a.    The applicant  did  on  or  about  1  September  1987  and
30 September 1987, willfully and wrongfully committed an indecent  act
with a minor female child, by removing his  pants  while  in  bed  and
under covers with said child.

      b.    The applicant did on or about 1 September and 30 September
1987, willfully and wrongfully exposed himself in an  indecent  manner
to a minor female child, by removing all his clothing in front of  the
child

       c.     The  applicant  on  or  about  1  September   1987   and
30 September 1987, committed an indecent act upon the  body  of  minor
female child, by placing his hands upon her  legs  and  vaginal  areas
with the intent to arouse or satisfy the sexual desires of either  the
child or himself.

On 22  January  1988,  the  applicant  acknowledged  receipt  of  the
notification of action being taken under the provisions of  AFR  36-2
and understood to contact the Area Defense Counsel (ADC)  to  discuss
procedures involved and his right and options available.

On 12 September 1988, the  applicant  after  consulting  with  legal
counsel, applied for discharge in lieu of further action  under  the
provisions of AFR 36-2 and waived his right to a hearing  before  of
Board  of  Inquiry  (BOI).   The  applicant  further  indicated   he
understood  that  if  his  application  was  approved  he  would  be
discharged with an UOTHC discharge.

A Headquarters and base legal review was conducted and they determined
the case was legally sufficient to support separation and  recommended
the applicant be discharged with an UOTHC discharge without  probation
and rehabilitation.

On 9 November 1988, the Secretary of the Air Force (SAF) accepted the
applicant’s  application  for  discharge  and  directed  that  he  be
discharged with UOTHC discharge.

On 28 November 1988, the applicant was separated from the  Air  Force
under the provisions  of  AFR  36-12,  Administrative  separation  of
Commissioned Officers (voluntary discharge  –  misconduct,  moral  or
professional dereliction – sexual perversion – in lieu of involuntary
discharge), with an UOTHC discharge.  He served 2 years, 5 months and
29 days of active duty service.

The applicant appealed  to  the  Air  Force  Discharge  Review  Board
(AFDRB) to have his UOTHC discharge upgraded to honorable and  change
of reason for discharge.  The AFDRB denied the applicant’s appeal for
an upgrade of his discharge and change of reason for discharge on  12
March 2004.

Pursuant to the Board’s request, the Federal Bureau of  investigation,
Washington, D.C., indicated on the basis of the  data  furnished  they
were unable to locate an arrest record (Exhibit C).


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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the request the  applicant’s  to  have
his UOTHC discharge upgraded to honorable.   DPPRS states based on the
documentation on file in the applicant’s master personnel record;  the
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation.  The  discharge  was  within
the discretion of the discharge  authority.   The  applicant  did  not
submit any evidence or identify any errors or injustices that occurred
in the discharge processing.  He provided no facts warranting a change
in his character of service.

A complete copy of the AFPC/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
17 November 2006, for review  and  response.   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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt its rationale  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  After thoroughly reviewing the evidence  of
record, we find no evidence to show that the applicant’s discharge was
erroneous or  unjust.   Furthermore,  the  discharge  was  within  the
discretion of the discharge authority.  The applicant has not provided
sufficient evidence  or  identified  any  errors  or  injustices  that
occurred during the processing of his discharge.   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 AFBCMR Docket Number BC-
2006-02943  in  Executive  Session  on  1  February  2007  under   the
provisions of AFI 36-2603:

                 Ms. Cathlynn B. Novel, Panel Chair
                 Mr. Don H. Kendrick, Member
                 Ms. Maureen B. Higgins, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 Sep 06, w/atch.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 17 Oct 06.
   Exhibit E.  Letter, SAF/MRBR, dated 17 Nov 06.




                                        CATHLYNN B. NOVEL
                                        Panel Chair