RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00375
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His narrative reason for separation (Misconduct) and his
separation code of JKL be changed.
APPLICANT CONTENDS THAT:
His separation code is in error and in order to find employment he
needs it corrected.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 15 Jun 00, the applicant enlisted in the Regular Air Force for
a period of six years.
On 9 Aug 02, the applicant's commander notified him that he was
recommending his discharge from the Air Force for commission of
a serious crime, specifically one or more indecent acts or
offenses with a child under the age of 16. On or about 9 Dec 01
and 18 Jan 02, the applicant did commit indecent acts with the
body of a female under 16 years of age, not his wife, by
allowing her to perform oral sex on him with intent to gratify
his sexual desires. For this offense, he received an Article
15, dated 23 Jul 02, which resulted in a reduction to the
grade of Airman Basic (AB).
The applicant acknowledged receipt of the notification of
discharge and was advised of his right to consult with legal
counsel and submit statements in his own behalf. The base legal
office reviewed the case and found it legally sufficient to
support discharge. The discharge authority approved the
separation and directed a general (under honorable conditions)
discharge without Probation and Rehabilitation (P&R). P&R was
considered; however, the applicant was warned by the first
sergeant to stay away from the girl and was well aware she was
underage, yet, he still pursued the victim. According to his
commander, the applicant had demonstrated neither the potential
nor the capacity to be rehabilitated.
On 22 Aug 02, the applicant was discharged under the provisions of
AFI 36-3208, Administrative Separation of Airmen, with a narrative
reason for separation of Misconduct and a separation code of
JKL. He was credited with 2 year, 2 months and 8 days of active
duty service.
On 20 Nov 12, the applicant appealed to the Air Force Discharge
Review Board (AFDRB) to have his discharge upgraded; however, the
AFDRB denied his application. They concluded that the discharge
was consistent with the procedural and substantive requirements of
the discharge regulation and was within the discretion of the
discharge authority and the applicant was provided full
administrative due process. (See AFDRB Hearing Record at
Exhibit B).
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating that based on the
documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of the discharge authority. DPSOR found no error or
injustice in the applicant's discharge from the Air Force, nor
did the applicant submit any evidence or identify any errors or
injustices in the discharge processing.
AFI 36-3208, paragraph 5.52 states, that under the Manual of
Courts Martial (MCM), airmen are subject to discharge for
misconduct based on the commission of a serious offense if a
punitive discharge would be authorized for the same or a closely
related offense. Discharge processing should be initiated if
the specific circumstances of the offense warrant separation. As
reflected in the applicant's discharge package, the applicant
committed indecent acts with a minor under the age of 16 while
the applicant was 21 years of age at the time. This type of
behavior falls under AFI 36-3208, para 5.52.1, Sexual
Perversion. Accordingly, the SPD code "JKL" for this type of
misconduct is correct as indicated on the applicant's
DD Form 214.
In addition, AFI 36-3208, paragraph 1.18.2, states if an airman's
service has been honest and faithful, a general, under honorable
conditions service characterization is warranted when significant
negative aspects of the airman's conduct or performance of duty
outweigh positive aspects of the airman's military record. The
seriousness of this offense clearly outweighed any positive
aspects of the applicant's brief Air Force career. Therefore, a
general service characterization was most appropriate in this
case.
The complete DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 21 Mar 14 for review and comment within 30 days (Exhibit D).
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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2014-00375 in Executive Session on 20 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00375 was considered:
Exhibit A. DD Form 149, dated 23 Jan 14, w/atchs.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 19 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.
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