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AF | BCMR | CY1999 | 9800398
Original file (9800398.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                 DOCKET NUMBER:  98-00398
                                  INDEX CODE:  110.00

                                  COUNSEL:  NONE

                                  HEARING DESIRED:  NO


_________________________________________________________________

RESUME OF CASE:

On 29 July 1997, applicant submitted  an  application  requesting  that  his
discharge be upgraded.  On  19  November  1998,  the  Board  considered  and
denied his request.  A  complete  copy  of  the  Record  of  Proceedings  is
attached at Exhibit E.

In a letter dated 8 January 1999,  applicant  requests  reconsideration  and
submits a copy of a court order  for  destruction  of  arrest  records.   In
addition, the applicant amended  his  request  to  include  reinstating  his
grade  of  E-4  and  his  GI  Bill  benefits.   Applicant’s  request,   with
attachments, is attached  at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
evidence of  record  and  the  additional  documentation  submitted  by  the
applicant, we are not persuaded the applicant has  been  the  victim  of  an
error  or  an  injustice.   While  we  are  unaware  of  the   circumstances
surrounding the court’s finding  of  not  guilty  regarding  the  charge  of
driving under the influence (DUI), this does  not  obviate  the  applicant’s
pattern of misconduct displayed by the other offenses.  In this respect,  we
note the applicant was also arrested for speeding 80 mph in a  45  mph  zone
and  possessing  an  open  container  of  alcoholic  beverage  in  his  car,
disobeying a direct order (resulting  in  an  Article  15),  issuing  checks
totaling  $600.00  which  were  returned   for   insufficient   funds,   and
incapacitation for duty due to alcohol intoxication (resulting in  a  Letter
of Reprimand).  Therefore, in the absence of evidence to  the  contrary,  we
find no compelling basis to recommend granting the  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 8 July 1999, under the provisions of AFI 36-2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Ms. Ann L. Heidig, Member
                  Mr. Walter J. Hosey, Member

The following documentary evidence was considered:

   Exhibit E.  Record of Proceedings, dated 27 Nov 98, w/atchs.
   Exhibit F.  DD Form 149, dated 8 Jan 99, w/atchs.





                                BARBARA A. WESTGATE
                                Panel Chair


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