RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-02834
		INDEX CODE: 110.00
 	XXXXXXX				COUNSEL:  NONE
HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to allow him to apply for Veterans Administration (VA) benefits.

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APPLICANT CONTENDS THAT:

The discharge he received was severe and inappropriate for the action surrounding his discharge.  Also, given the fact other service members involved at the time received less severe disciplinary actions.

His complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force 3 November 1970.  On 9 January 1987, his commander initiated separation action pursuant to AFR 39-10, Administrative Separation of Airmen, paragraph 5-49a Sexual Deviation.  The specific reason for this action was the applicant’s 12 year old daughter alleged recurring sexual abuse by the applicant since the age of four including frequent fondling, oral sex, and one attempt at sexual intercourse.  The applicant confessed to repeated fondling and oral sex and denied any attempts at sexual intercourse.  According to his confession, his sexual deviation began in 1979 when his daughter was five years old and continued until she was 12 years old.

On 19 January 1987, he initially requested to present his case to a discharge board; however, on 4 February 1987 he submitted a waiver of his right to a board hearing.  The applicant acknowledged receipt of the notification, consulted counsel and submitted statements on his own behalf.  In addition, he acknowledged he may be deprived of veteran’s benefits and the adverse nature of such a discharge and the possible consequences thereof.

In a legal review of his case the base legal office found it legally sufficient and recommended a UOTHC discharge.  On 29 May 1987, the Secretary of the Air Force directed the discharge be executed.  On 12 June 1987, he was discharged in the grade of master sergeant with service characterized as UOTHC.

He served 16 years, 7 months and 10 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C.  On 3 January 2008, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days, as of this date, no response has been received by this office.  (Exhibit D).

On 20 December 2007, a request for post-service information was forwarded to the applicant for response within 30 days.  As of this date no response has been received (Exhibit E).

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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.  The Board finds no impropriety in the characterization of applicant's discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and the Board does not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  The applicant has not shown the characterization of the discharge was contrary to the provisions of the governing regulation, nor has it been shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.  Considered alone, the Board concludes the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  Therefore, in the absence of evidence to the contrary, we find no basis upon which 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 issues 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 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-2007-02834 in Executive Session on 6 February 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 August 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Investigation Report.
    Exhibit D.  AFBCMR Letter, w/atchs, dated 20 December 2007.
    Exhibit E.  AFBCMR Letter, dated 3 January 2008.