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I would like some information about 2 instances that

Customer Question
happened while I was in...
I would like some information about 2 instances that happened while I was in the military.
When I was an airman, my first duty station was at Hahn AB, Germany, I was sexually assaulted by a supervisor, Sgt Victor Conner, in my shop. The year was 1983. He had taken me in a vehicle alone to park at different buildings in the bomb storage dump. He would take me in the buildings, we would make out. He had me go to lunch with him. He kept coming to my room, He was a trainer and a supervisor and he was married at that time. Finally, on one visit to my dorm room, he had me sodomize him orally and proceeded to have intercourse. I felt that I had to do this with him because he was a supervisor.
The second issue is, when I was stationed at Carswell AFB, I was given study guides, that had been highlighted from the last few previous tests to help me prepare for the Staff Sargeant (E-5) test. I was helped at worked by supervisors at the shop, and I was told to take the study guides home and to use them there. I feel that I had an unfair advantage and I took a promotion away from another airman.
Submitted: 1 year ago.Category: Military Law
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Answered in 2 minutes by:
8/24/2016
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,417
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information, can you tell me what your legal question is?

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Customer reply replied 1 year ago
Can I get justice against the Sgt. Is there any legal way to get the stripe removed from my record
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

What do you mean by "stripe" removed from my record? Were you involuntarily separated from the AF with less than honorable discharge? Please keep in mind I don't have any information related to the "stripe" question.

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Customer reply replied 1 year ago
I was given study guides with highlighted answers from tests for ssgt. On my only attempt I scored high enough to get promoted. Without the study guides and group study I wouldn't have been promoted. I would like to have the promotion taking off my records
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

Alright. Well as far as your first question goes about "justice" against the Sgt., unfortunately, the statute of limitations ran many years ago. For court-martial it was a 5 year statute of limitation, which means he would have had to be charged within 5 years of the alleged illegal act. For an NJP, that was only 2 years. Likewise, even if you had a cause of action against the AF for some sort of negligence on their part, that too would have required that a claim be filed within 2 years. So, at this point, there is no legal recourse for any wrong that may have occurred 3 decades ago.

As for wanting to remove the record of your promotion, I can't really understand why you would want to do that, especially since it has no direct affect on your job, etc., but you are free to file a petition with the Air Force Board for Correction of Military Records and ask them to change your rank. You can find the form you would need (DD Form 149) and more information at the following link: http://www.archives.gov/veterans/military-service-records/correct-service-records.html

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to assist you in the ratings box above, I will receive credit for assisting you today. Thank you

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Customer reply replied 1 year ago
Only 5 years when forced to perform unwanted acts
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

I am not sure I understand your question. If you are asking if the 5 year SOL applies to the alleged crimes you described, then yes, the statute of limitations are for all crimes, except capital crimes, like Murder and Treason. It is 5 years. that is what Congress decided the law should be. I didn't write the laws and can only help you understand what they are.

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Customer reply replied 1 year ago
I thought rape was a longer SOL
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

Rape does not have a statute of limitations, but I am not convinced, that even if the individual you want to have charged is still on active-duty, that the AF would charge him with that crime after 30 years. You are free to file a complaint with the Air Force criminal investigative service. However, if he is no longer on active-duty, that is that end of that, they would not have jurisdiction and neither would the civilians since Rape, other than of a child, does have SOL in the civilian world and this apparently occurred in Germany so U.S. civilian authorities would not even have jurisdiction. The other issue is proof. This would be a he said, she said, and that would make it less likely that, even if he was still on AD, that he would be prosecuted. But again, you are free to report it to the AF.

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