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AF | BCMR | CY2000 | 9102978
Original file (9102978.doc) Auto-classification: Approved



                                 ADDENDUM TO

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  91-02978
            INDEX CODE:  110

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad  conduct  discharge  (BCD)  be  upgraded  to  general,  under
honorable conditions.

_________________________________________________________________

RESUME OF CASE:

In an application, dated 5 Jun 91, the applicant requested that   his
discharge be upgraded to honorable.

The Board considered and denied applicant’s request on the  basis  of
the comments from the Office of the Judge Advocate.  On 24 Jan  1992,
applicant was advised of the Board’s decision (see Exhibit F).

On 1 Nov 99, the applicant  submitted  additional  documentation  and
requested the Board upgrade  his  BCD  to  general,  under  honorable
conditions (see Exhibit G).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    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 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.   Considered  alone,  the  Board  concludes  the
discharge  proceedings  were  proper  and  characterization  of   the
discharge was appropriate to the existing circumstances.

2.    Consideration of this Board, however, is  not  limited  to  the
events which precipitated the discharge.   We  have  a  Congressional
mandate  which  permits  consideration  of   other   factors;   e.g.,
applicant's background, the overall quality  of  service,  and  post-
service activities and accomplishments.  Further,  we  may  base  our
decision on matters of equity and  clemency  rather  than  simply  on
whether  rules  and  regulations  which  existed  at  the  time  were
followed.  This  is  a  much  broader  consideration  than  officials
involved in the discharge were permitted, and our decision in no  way
discredits the validity of theirs.

3.    Under our broader mandate and after  careful  consideration  of
all the facts and circumstances of applicant's case, we are persuaded
that applicant has been a productive member of society.  We recognize
the adverse impact of the discharge applicant received; and, while it
may have been appropriate at the time, we  believe  it  would  be  an
injustice  for  applicant  to  continue  to   suffer   its   effects.
Accordingly, we find that  corrective  action  is  appropriate  as  a
matter of equity  and  on  the  basis  of  clemency.   Therefore,  we
recommend his discharge be upgraded to one under honorable conditions
(General).

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 14 Sep 88, he was
discharged with service characterized  as  general  (under  honorable
conditions).

_________________________________________________________________

The following members of the Board  considered  this  application  in
Executive Session on 9 February 2000, under the provisions of AFI 36-
2603:

                  Mr. Charles E. Bennett, Panel Chair
              Mr. Wayne R. Gracie, Member
                  Ms. Sophie Clark, Member

All members  voted  to  correct  the  records  as  recommended.   The
following documentary evidence was considered:

     Exhibit F.  ROP, dated 24 Jan 92, w/atchs.
     Exhibit G.  DD Fm 293, dated 1 Nov 99, w/atchs.
     Exhibit H.  FBI Report, dated 21 Dec 99.




            CHARLES E. BENNETT
            Panel Chair


INDEX CODE:  110

AFBCMR 91-02978




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation  of  the  Air
Force  Board  for  Correction  of  Military  Records  and  under  the
authority of Section 1552, Title 10, United  States  Code  (70A  Stat
116), it is directed that:

      The pertinent military records of the  Department  of  the  Air
Force relating to , be corrected to show that on  14 September  1988,
he was  discharged  with  service  characterized  as  general  (under
honorable conditions).







                                                            JOE    G.
LINEBERGER
                                                         Director
                                                          Air   Force
Review Boards Agency

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