RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01192
		INDEX CODE:  124.04

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Any reference to the physical or sexual abuse of his children be removed from his medical or military records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He as an American is supposed to be innocent until proven guilty by a court of law.  He never went before a court of law for physical or sexual abuse of his children.  All charges have been dropped.  Therefore, he is innocent by Constitutional law.  He is innocent of all charges because he did not commit the offenses.

In support of his appeal, the applicant provided a statement from the District Clerk, Travis County, Texas, and a copy of AF Form 565, Record of Inpatient Treatment.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Dec 63 in the grade of airman basic.  He entered his last enlistment on 1 Aug 83.

Available documentation indicated that on 16 Jun 83, the Clinical Social Worker at Bergstrom AFB received a phone call from the Child Protective Services, requesting information about the applicant’s family.  It had been reported to the agency that the father had spanked his smallest son, leaving bruises on his buttocks.  It was also alleged that he used hypnosis in order to control his kids.

On 28 Jun 83, the applicant was interviewed in the Mental Health Clinic.  The Child Protective Social Worker was present.  It was concluded that the allegations were unfounded.  The applicant had over-disciplined the child.

On 26 Jul 83, the Child Advocacy Committee elected to leave the case open.  The Mental Health Clinic would interview the applicant again.  An assessment of the home environment would be done concerning allegations that the applicant was an over-disciplinarian, rigid, and appeared depressed.  The kids complained of having to climb a rope tied in the back yard, at the applicant’s orders, for exercise.

A Narrative Summary (Clinical Resume) indicated that, on 30 Mar  84, the applicant was auto-evacuated to Wilford Hall Medical Center from a civilian hospital where he had been admitted earlier in the day for suicidal ideation.  He was in his usual state of health until four days prior to admission, when his oldest daughter ran away from home.  She had subsequently turned him in for sexual abuse.  The police informed the applicant of their investigation one night prior to admission and the following day he presented himself at the Bergstrom AFB Hospital’s Mental Health Clinic and stated that he wanted to kill his eldest daughter and her boyfriend and to kill himself.

The Narrative Summary also indicated that the applicant’s history of incestuous relationship went back several years, with the applicant relating a frequency of approximately two times or more per month.  He stated he had also fondled his 13 year old daughter, but denied sexual intercourse.  It was reported that the applicant admitted having sexual intercourse with the 13 year old to officials at Bergstrom AFB.  He had previously been charged with physically abusing his nine year old son, but those charges were dropped.

The applicant was diagnosed with pedophilia, manifested by sexual activity with children; an adjustment disorder with depressed mood in response to possible legal proceedings; and alcohol abuse, episodic.

Applicant was relieved from active duty on 31 May 84 and retired for length of service, effective 1 Jun 84, in the grade of master sergeant.  He was credited with 20 years, 5 months, and 4 days of active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFMOA/SGZF provided an initial evaluation stating that a review of the Child Advocacy notes in the applicant’s military medical record indicated no direct reference to any case disposition of substantiated physical or sexual abuse of his children.  As such, the request for removal of these specific Child Advocacy notes (dated 26 Jul 83, 13 Sep 83, and 1 Nov 83) from the military medical record is justified.

A complete copy of the AFMOA/SGZF evaluation is at Exhibit C.

The Chief Medical Consultant, AFBCMR, recommended denial.  Essentially, the Medical Consultant indicates the record is clear concerning the applicant’s sexual activities with his daughters.  Therefore, nothing further is needed.  Even though he stated he was never tried in court for such activities, in the Medical Consultant’s view, the medical records were evidence enough of his guilt.

A complete copy of the Medical Consultant’s evaluation is at Exhibit D.

AFMOA/SGZF provided another evaluation in response to the Medical Consultant’s request that they reconsider their previous recommendation.  For clarification, AFMOA/SGZF indicated that their office is the functional reviewer for Child Advocacy notes found in the military medical record, not any Mental Health notes or Veterans Administration medical records.  Therefore, their recommendation was made in reference to Child Advocacy notes only in the medical record.  The applicant is requesting removal of any reference to physical or sexual abuse of his children from his medical or military records.  Reference their memorandum, dated 1 Oct 01 in the Recommendation section; “Review of Child Advocacy notes in the military medical record indicates no direct reference to any case disposition of substantiated physical or sexual abuse of children.”  As such, AFMOA/SGZF reviewed it as problematic as to how case management occurred in the case as no disposition was documented.  As no direct reference was made in these notes to physical or sexual abuse of children and as no disposition was evident, AFMOA/SGZF supports removal of those notes from the military medical record.

AFMOA/SGZF noted that the BCMR Medical Consultant referenced the applicant’s psychiatric hospitalization.  During this hospitalization, the applicant apparently admitted to incestuous activity.  The Medical Consultant further noted that the medical records should not be changed due to this self-admission.  AFMOA/SGZF indicated that they do not disagree with that recommendation, but clearly made the distinction in they are not the functional reviewer for inpatient psychiatric hospitalizations.  They concurred with not removing that documentation from the medical record as it clearly documents a course of hospitalization to include the applicant’s account of the presenting problem.

A complete copy of the AFMOA/SGZF evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 21 Nov 01 for review and response.  As of this date, no response has been received by this office (Exhibit F).

_________________________________________________________________

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 probable error or injustice.  After a thorough of the evidence presented, including the favorable recommendation by AFMOA/SGZF, we are not persuaded that corrective action is warranted.  The applicant requests that any reference to the physical or sexual abuse of his children be removed from his medical or military records.  He contends that removal is appropriate because he did not commit the offenses.  However, the evidence of record reveals that the applicant had a history of incestuous relationships, even admitting to having sexual intercourse with his daughters.  He was ultimately diagnosed with pedophilia.  We did note that he had been previously charged with physically abusing his son, but those charges were dropped because the allegations were not substantiated.  It appears that it is the entries in the applicant’s medical records pertaining to this matter that AFMOA/SGZF is recommending be removed.  In their view, since there was no case disposition or substantiated physical or sexual abuse, removal of the entries is appropriate.  We do not agree.  The entries were the result of an incident that raised concerns about the applicant’s physical abuse of his son.  These concerns were caused by the bruises noticed on his son’s buttocks.  In our view, they were appropriately entered at the time, are now a matter of record, and we are not inclined remove them.  In view of the foregoing, 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 probable 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 this application in Executive Session on 9 Jan 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFMOA/SGZF, dated 1 Oct 01.
    Exhibit D.  Letter, Medical Consultant, dtd 15 Oct 01.
    Exhibit E.  Letter, AFMOA/SGZF, dtd 2 Nov 01.
    Exhibit F.  Letter, SAF/MRBR, dated 21 Nov 01.

                                   
                                   Panel Chair