RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-03516
								INDEX CODE:  110.02
								COUNSEL:  NONE
								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded to general (under honorable conditions).
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APPLICANT CONTENDS THAT:

He is a husband and a father of two great children.  He has owned a business for the past 26 years.  He has been a youth hockey coach for his community and a supporter of girl’s athletics.  He has been living with this burden, a mistake he made when he was 19 years of age, which was due to experimenting with hallucinogenic drugs with some of his Air Force friends.  He regrets that day and has changed his life as it was prior to this mistake, a good person, respecting others and living morally and honestly.  If either of his children goes into politics or some form of public work, he does not want them burdened by his military record.  It is important to him that he has a military funeral since he is very loyal to his country.

In support of his request, he submits a personal statement.  The applicant’s submission is at Exhibit A.

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STATEMENT OF FACTS:

On 5 March 1971, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  

On 3 December 1971, in accordance with AFM 39-12, Chapter 2, Civil Court Conviction, the commander initiated discharge proceedings against the applicant.  This action was based on the applicant’s conviction by a civil court for unlawfully and feloniously committing a lewd and lascivious act with the body of a child, who was then and there of the age of 12 years, with the intent of gratifying his sexual desires.  The applicant was advised of his rights in this matter.  After consulting military legal counsel, the applicant requested a hearing before an administrative discharge board.  The board recommended that he be discharged from the service for misconduct because of a civil court disposition with an undesirable discharge.  In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended that the applicant be discharged from the Air Force for misconduct because of civil court disposition with an undesirable discharge, without opportunity for probation and rehabilitation.  On 15 June 1972, the discharge authority directed that the applicant be discharged from the Air Force under the provisions of AFM 39-12, Chapter 2, result of a civil court disposition, with a type of discharge as undesirable.  The applicant was discharged on 20 July 1972 with an under other than honorable conditions discharge.  He served 9 months and 3 days on active duty. 

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  DPPRS states that the applicant has not provided any facts warranting a change of his discharge.  The DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 December 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and comment.  As of this date, this office has received no response (Exhibit D).

On 22 January 2003, a letter was forwarded to the applicant suggesting that he consider providing evidence pertaining to his post-service activities.  Applicant responded by stating that for the past 33 years he had led a life of constant fear.  A fear that someone close to him would discover his mistake.  He has tried to be a model person, both in his community and church life.  He has raised two children and has been a loving husband and father.  He has participated in several volunteer programs and charity events both in his state and community.  During his enlistment in the Air Force, he served his country to the best of his ability.  His wife at the time was having an affair with another military person and he fell apart.  He is deeply regretful for what happened.  He is haunted by this and feels that he has paid for it deeply.  He cannot ask his friends and pastor to write a letter for fear they will ask, why?  His family would be crushed and he would lose them if they were to find out why he was discharged.  Applicant’s response is at Exhibit E.

On 31 January 2003, a copy of the FBI report was forwarded to the applicant for review and comment.  As of this date no response has been received (Exhibit F).  

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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.  After careful consideration of the applicant’s request and the available evidence of record, we see no evidence that would warrant an upgrade of his characterization of service.  In view of the seriousness of the offense of which the applicant stood convicted, we do not find the evidence provided is sufficient to warrant a recommendation for relief based on clemency.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Accordingly, we find no basis to recommend granting the relief sough in this application.  

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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.

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The following members of the Board considered this application in Executive Session on 5 March 2003, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

The following documentary evidence was considered for AFBCMR Docket Number 02-03516:

     Exhibit A.  DD Form 149, dated 1 November 2002, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 4 December 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 20 December 2002.
     Exhibit E.  Letter, Applicant, undated.
     Exhibit F.  Letter, FBI Report.