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AF | BCMR | CY1999 | BC-1993-00762A
Original file (BC-1993-00762A.doc) Auto-classification: Denied

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


IN THE MATTER OF:      DOCKET NUMBER:  93-00762

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

RESUME OF CASE:

On  25  June  1993,  the  Board  considered  applicant’s  request  that  his
discharge be upgraded.  The Board found the application untimely  filed  and
was not persuaded that the record raised issues of error or injustice  which
required resolution on the merits.  A copy of the Record of  Proceedings  is
attached at Exhibit E.

In  an  application,  dated  15  November  1997,  the  applicant   requested
reconsideration of his application on the  merits.   Applicant’s  submission
is attached at Exhibit F.

The  application  has  been  reopened,  and  forwarded  to  the  Board   for
reconsideration on the merits of the case.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided an investigation report which is attached at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

2.     We  find  no  impropriety  in  the  characterization  of  applicant's
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards in effecting  the  separation,  and  we  do  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.   We
conclude,  therefore,  that  the  discharge  proceedings  were  proper   and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.

3.    It appears the applicant  is  requesting  upgrade  of  his  discharged
based on clemency.   We  have  considered  applicant's  overall  quality  of
service,  the  events  which  precipitated  the  discharge,  and   available
evidence related to post-service activities and  accomplishments.   However,
based on the FBI Investigative Report, we do not believe  that  clemency  is
warranted.


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 10 February 1999, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Vaughn E. Schlunz, Member
                  Mr. Walter J. Hosey, Member

The following documentary evidence was considered:

      Exhibit E.  Record of Proceedings, dated 25 Jun 93, w/atchs.
      Exhibit F.  DD Form 149, undated, w/atchs.
      Exhibit G.  FBI Investigative Report.




             RICHARD A. PETERSON
                                  Panel Chair

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