RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2006-00091
								INDEX CODE:  100.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 JULY 2007

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APPLICANT REQUESTS THAT:

His general discharge be upgraded and he be issued an honorable discharge certificate.

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APPLICANT CONTENDS THAT:

He was persecuted for a crime that he did not commit.  Although the charges were voluntarily dropped and dismissed by the courts, his commanders forced him out of the Air Force.  He was given a general discharge without consideration of his exemplary record.  He was forced to repay the signing bonus he received and lost a promotion due to be effective 1 August 1982.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 6 May 1975.  He reenlisted in the Regular Air Force on 11 January 1980.  He was progressively promoted to the grade of staff sergeant (E-5).  On 10 May 1982, the commander notified him of his intent to initiate discharge action against him under the provisions of AFM 39-12.  The commander indicated his reason for the action was that the applicant committed indecent acts with his minor stepdaughter.  Applicant waived his right to a board hearing contingent upon him receiving a general discharge certificate.  The conditional waiver was accepted and on 27 July 1982, he was discharged under the provisions of AFM 39-12 (Misconduct – Sexual Perversion – Board Waiver).  He completed 8 years, 2 months, and 22 days of active service.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Further, the discharge was within the discretion of the discharge authority.  Applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and provided no facts warranting a change to his service characterization.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 27 January 2006, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

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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 available evidence, the discharge appears to be in compliance with the governing Air Force Manual in effect at the time and we find no evidence to indicate the applicant was denied any rights to which entitled, or that his separation from the Air Force was inappropriate.  Contrary to the applicant’s belief, his record of service was considered when determining the characterization of his service.  Given the seriousness of the misconduct, i.e., committing indecent acts with his minor step-daughter, he could have received an Under Other than Honorable Conditions (UOTHC) discharge, as initially recommended by the squadron commander.  Further, applicant could have requested to present his case, with counsel, before an administrative discharge board; however, after consulting with counsel, he chose to waive his right to do so contingent upon his receipt of no less than a general discharge.  The group commander recommended acceptance of the conditional waiver since other than the allegations for which the discharge action was initiated, he had a commendable military record.  The discharge authority considered the conditional waiver and determined the issuance of a general discharge was warranted based on his duty performance.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought 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 Docket Number BC-2006-00091 in Executive Session on 2 March 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Jan 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 23 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 06.