RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01446
		INDEX CODE:  112.08

		COUNSEL:  NONE

		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  11 NOV 08

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APPLICANT REQUESTS THAT:

He be offered continuation by the Calendar Year 2006C (CY06C) Major Chaplain Selective Continuation Board.

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APPLICANT CONTENDS THAT:

He is not challenging the record as it stands for promotion to lieutenant colonel but is challenging the denial for selective continuation.  He believes there is an injustice in the interpretation and deployment of the term “fully qualified.”  This interpretation is an injustice to him and the Air Force as a whole.

In support of his request, the applicant provided a personal statement and documents extracted from his military personnel record.

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

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of major effective and with a date of rank (DOR) of 1 September 2000.

On 30 September 2004, applicant was notified by his commander of his intent to impose punishment under Article 15 of the Uniformed Code of Military Justice (UCMJ) for alleged violations of Articles 133 and 134 of the UCMJ.  Specifically that he did, a Roman Catholic Chaplain, between on or about 1 January 2004 and on or about 17 August 2004, engage in an inappropriate and unprofessional relationship with a married parishioner, conduct which was unbecoming an officer and a gentleman.  Also, he did on or about 27 June 2004, on divers occasions, willfully and wrongfully expose in an indecent manner to public view his penis.  He was advised of his rights in this matter and acknowledged receipt of the notification.  After consulting counsel, he elected not to demand trial by court-martial and submitted a presentation on his own behalf.  After considering all the matters presented, his commander determined that he did commit the alleged violations.  The punishment imposed consisted of a forfeiture of $1,500 pay per month for two months, and a reprimand.  Applicant did not appeal the Article 15 proceedings.

The applicant was considered and not selected for promotion to the grade of lieutenant colonel by the CY06C Lieutenant Colonel Central Selection Board which convened on 28 November 2006.

Applicant was not selected for continuation by the CY06 Major Selective Continuation Board and has a mandatory date of separation (DOS) of 31 August 2007.

OPR profile since 2000 follows: 

           PERIOD ENDING            EVALUATION OF POTENTIAL 

			02 Jul 00	Meets Standards (MS)
			11 Jun 01				(MS)
			16 May 02	Training Report (TR)
			16 May 03				(MS)
			16 May 04				(MS)
			16 May 05	Referral Report
					Met Standards in all but
					Professional Qualities
			16 May 06				(MS)

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states the applicant received a referral OPR closing out 16 May 2005, along with an Article 15 received for an inappropriate and unprofessional relationship with a married parishioner, conduct which was unbecoming an officer and a gentleman.  In addition, on diverse occasions, he willfully and wrongfully exposed himself, in an indecent manner to said married parishioner.  A copy of the Article 15 was part of the selection record that met the promotion and selective continuation boards.

Applicant contends that since the incident in question, his track record has been “beyond reproach” as evidenced by the letters of endorsement included in his package.  In addition, since Roman Catholic Priests are in a critical skill category, he believes he is suitable for continuation.

Although the applicant’s commander and other officers who have served with the applicant support continuation, the applicant’s record supports the board’s decision to not offer him selective continuation to retirement eligibility.

The DPPPO complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 June 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  As of this date, this office has received no response.

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, the Board is not persuaded relief should be granted.  The applicant’s contentions are duly noted; however, the Board does not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility.  Therefore, in the absence of evidence to the contrary, the Board finds no compelling basis to recommend granting the relief sought.

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 involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01446 in Executive Session on 26 July 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 12 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 07.