RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-00252
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  honorable  conditions  (general)  discharge   be   upgraded   to
honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

He does not deny his behavior and fully accepts the disciplinary actions  of
the Air Force as being appropriate, considering his behavior.  As  a  pastor
of a church, it pains him when his organization’s  reputation  is  tarnished
by other’s poor behavior, and he has come to understand quite well  how  the
misbehavior of a few can tarnish very large organizations.

His then-commanding officer  stated  he  observed  him  making  attempts  to
reform his behavior, and his duty  performance  was  always  above  expected
levels.  In his approximately 10-years of active and reserve service,  there
were no negative comments from any of his superiors.

He was introduced to pornography at an early age and he became  addicted  to
it.  He has since reformed and has attempted to live-down his previous  poor
behavior.  It has been 22 years since his  discharge,  and  he  has  had  no
further incidents of any sort with civilian authorities.  He has  made  many
attempts to assist those whose lives are headed in the wrong direction,  and
has worked in child care in a reformatory,  working  with  adolescent  teens
and as a pastor counseling the youth of his church.

He has been married to the same woman for 27 years, and  she  has  stood  by
him in spite of his behavior.  He has raised two children to  adulthood  and
is raising two other boys, ages 8 and 10.  Being a father  has  also  taught
him the need for proper behavior if he  is  to  expect  the  same  from  his
children.

In support of his appeal, he has provided copies of a personal statement,  a
letter from  the  443rd  Air  Base  Group/CC,  dated  31 July  1985,  and  a
character reference letter from the Director  of  Missions  of  the  Baptist
Association of Southwestern Pennsylvania.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force (RegAF) on  8  January
1976 and served until 26 September 1978.  He reentered the  RegAF  for  four
years on 4 April  1983,  and  served  as  an  airlift  aircraft  maintenance
specialist until his discharge.

On 10 July 1985, the applicant was notified of  his  commander's  intent  to
recommend him for an under other than  honorable  conditions  discharge  for
sexual  deviation.   The  commander  stated  the  reason  for  the  proposed
discharge was the deferred sentence agreement between the applicant and  the
District Court of Jackson County, Oklahoma, dated  18  March  1985,  setting
forth his plea of guilty to Indecent Exposure which is a  felony  under  the
laws of Oklahoma.  The commander advised the applicant of  his  rights  and,
on 15 July 1985, after consulting with  counsel,  he  voluntarily  signed  a
statement offering a conditional waiver of his  rights  associated  with  an
administrative discharge board, contingent on his receiving no less  than  a
general discharge.

A legal review was conducted on 25 July  1985,  in  which  the  staff  judge
advocate recommended the case be forwarded to the 22nd AF/CC, the  discharge
authority, with a recommendation the applicant’s waiver be accepted  and  he
be separated from the Air Force with a general discharge.

On 12 August 1985, the 22nd AF/CC  accepted  the  applicant’s  waiver  of  a
hearing before  an  administrative  discharge  board,  and  directed  he  be
separated from the USAF  for  sexual  deviation  with  a  general  discharge
characterization, stating a general discharge is appropriate  based  on  his
record during the current enlistment.

On 20 August 1985, the applicant was  discharged  in  the  grade  of  senior
airman (E-4) under  the  provisions  of  AFR  39-10,  paragraph  5-49a,  for
misconduct – sexual deviation, with an under honorable conditions  (general)
service characterization.  He served a total  of  2  years,  4  months,  and
17 days of net active service  during  his  last  enlistment,  2  years,  11
months, and 28 days of prior net active service, and 3 years and 2  days  of
prior net inactive service

The Applicant’s Enlisted Performance Report profile follows:

            PERIOD ENDING                    EVALUATION

               8 Jul 1977                          9
               8 Jul 1978                          8
               5 Aug 1983                          8
              26 Jun 1984                          9 (firewall)

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, provided a copy of  an  Investigation  Report  which  is  at
Exhibit C.  On 29 February 2008, a copy of the FBI report and a request  for
post-service information were forwarded to  the  applicant  for  review  and
comment within 30 days.  However, 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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however, we  find  no
evidence  of  an  error  or  injustice  that  occurred  in   the   discharge
processing.  Based on the available  evidence  of  record,  it  appears  the
discharge was consistent with the substantive requirements of the  discharge
regulation  and  within  the  commander's  discretionary   authority.    The
applicant has provided no evidence  which  would  lead  us  to  believe  the
characterization of the service  was  contrary  to  the  provisions  of  the
governing regulation, unduly harsh,  or  disproportionate  to  the  offenses
committed.   We  considered  upgrading  the  discharge  based  on  clemency;
however, in the absence of  documentation  pertaining  to  his  post-service
accomplishments, we cannot conclude that it  is  warranted.   Therefore,  in
the absence of evidence to the contrary, we find  no  basis  upon  which  to
recommend granting the relief sought.

________________________________________________________________

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-  BC-2008-
00252 in Executive Session on 14 May 2008, under the provisions of  AFI  36-
2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Steven A. Cantrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jan 08, w/atch.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  USDOJ FBI Report, dated 8 Feb 08.
    Exhibit D.  Letter, AFBCMR, dated 29 Feb 08.





                                   JAMES W. RUSSELL, III
                                   Panel Chair