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AF | BCMR | CY2000 | 9410333
Original file (9410333.doc) Auto-classification: Approved


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


IN THE MATTER OF:      DOCKET NUMBER:  94-10333
            INDEX CODE:  A64.00

            COUNSEL:  THE AMERICAN LEGION

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

By amendment, his undesirable discharge be upgraded to honorable.

_________________________________________________________________

RESUME OF THE CASE:

On 16 Nov 94, the Board  considered  and  denied  an  application  for
correction of military records pertaining to the applicant,  in  which
he requested that his undesirable discharge be upgraded to general.  A
complete copy of the Record of Proceedings is attached  at  Exhibit  C
(with Exhibit A).

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided a copy of an investigation report,
which is at Exhibit D.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been disabled from heart disease for the last three years.   He
has not been able to work and is on social security disability.

The applicant's  complete  submission,  which  includes  documentation
pertaining to his criminal history, is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable  injustice  warranting  corrective  action.   In
earlier findings, we determined that there was  insufficient  evidence
to warrant any corrective action regarding the applicant’s request for
upgrade of his undesirable discharge to general.  He now requests that
his  discharge  be  upgraded  to  honorable.   No  evidence  has  been
presented which would lead us to believe his discharge was improper or
contrary to the directive under which it was  effected.   However,  we
note that the applicant  was  discharged  in  1966.   Furthermore,  it
appears that he has made a successful  transition  to  civilian  life.
Therefore, we believe that  to  continue  to  stigmatize  him  with  a
undesirable discharge would be unduly harsh and serves no purpose.  We
do not believe an honorable discharge is warranted due to the  limited
documentation provided by the applicant regarding his activities since
his discharge from the service.  However, in view of  the  passage  of
time and the  applicant’s  post-service  adjustment,  we  are  of  the
opinion that upgrading the applicant’s discharge to general, based  on
clemency, would be appropriate.  Accordingly, we  recommend  that  the
applicant’s undesirable discharge be upgraded to 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 31 Oct 66, he
was discharged with service characterized as general (under  honorable
conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 Oct 00, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Michael V. Barbino, Member
      Mr. Jay H. Jordan, Member

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

     Exhibit C.  Record of Proceedings dated 16 Nov 94, w/atchs.
     Exhibit D.  DD Form 149, undated, w/atchs.
     Exhibit E.  FBI report.
     Exhibit F.  Letter, on applicant’s behalf, dated 5 Nov 99.




                                   JOHN L. ROBUCK
                                   Panel Chair





AFBCMR 94-10333




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 31  Oct  66,  he  was
discharged with service  characterized  as  general  (under  honorable
conditions).






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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