RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03912
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His involuntary separation with an Under Other Than Honorable Conditions (UOTHC) discharge be changed to an honorable discharge and he be allowed to retire.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The powers that be (his military chain of command) of his Alaska Air National Guard (AKANG) unit, and others, all conspired to end his career.  They disregarded an Alaska Superior Court Judge’s arrangement to have him do his jail time in the North Star housing program which would have allowed him to attend work and be present for duty on Unit Training Assemblies (UTA’s – Drills).  His was a first criminal offense and had no connection to his military service at all.  They did not genuinely concern themselves with consideration of his family and last but not least, they gave no consideration to the fact he had served 19 years, 8 months, and 20 days of satisfactory service.  He further states there were several individuals in his unit that had broken the law in numerous ways but were either allowed to continue their service or retire.

In support of his appeal, the applicant has provided a personal statement, a letter from counsel to his commander, pertinent copies of his legal paperwork, and copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, a point credit summary, letters from applicant to his commander and from his spouse to his commander.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant, a former member of the AKANG, enlisted in the Regular Air Force on 1 February 1980.  He enlisted in the AKANG on 20 January 1993 where he served six satisfactory years of service.  During 1999 he was convicted by the Alaska Superior Court of committing felony Sexual Abuse of a Minor III.  On 19 January 1999, he was involuntarily separated from the AKANG with an UOTHC discharge after having served 19 years, 8 months, and 20 days of satisfactory service.  He was discharged in the grade of senior airman.  On 23 July 1999, he was ordered by the court to report to custody on 1 September 1999.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1POF recommends denial.  A1POF states he was discharged after administration of an AKANG Administrative Discharge Board (ADB) for a civil conviction of sexual abuse of a minor in the second degree.  The severity of this charge warranted immediate administrative action as this type of behavior is not considered conducive to continued military affiliation.  A1POF notes his interpretation of the act as insignificant further confirms his unsuitability for continued military service.

A1POF’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 March 2006 for review and comment within 30 days.  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 error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertions of a conspiracy by his chain of command to end his career or the opportunity of other airmen to retire or continue serving after having broken the law, in and by themselves, sufficiently persuasive to override the rationale provided by the Air National Guard.  Therefore, we agree with the opinion and recommendation of the Air National Guard office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-2004-03912 in Executive Session on 1 August 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Dec 04, w/atchs. 
    Exhibit B.  Letter, NGB/A1POF, dated 7 Mar 06, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 10 Mar 06.