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AF | BCMR | CY2000 | 9802680
Original file (9802680.doc) Auto-classification: Approved

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

IN THE MATTER OF:      DOCKET NUMBER:  98-02680
            INDEX NUMBER:110.02

            COUNSEL:  NONE


___________________________________________________________________

APPLICANT REQUESTS THAT:

His  14  September  1957  undesirable  discharge  be  upgraded   to
honorable.

___________________________________________________________________

RESUME OF CASE:

On 23 March 1999, the  AFBCMR  considered  and  denied  applicant’s
request for  upgrade  of  his  undesirable  discharge  (Exhibits  A
through C).

Subsequent to  the  Board,  applicant  provided  three  letters  of
character reference for the  Board’s  consideration.   On  20  July
1999, the Board considered the additional documentation provided by
the applicant, as well as an FBI report,  and  found  no  basis  to
overturn its earlier determination denying the applicant’s request.
 (Exhibit D and E).

By  letter,  dated  2  November  1999,  the   applicant   requested
reconsideration of  his  appeal  and  submitted  a  Certificate  of
Pardon, issued on 23 April  1991,  for  the  Board’s  consideration
(Exhibit F).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

The Board took note of the Certificate of  Pardon,  issued  to  the
applicant in 1991,  pardoning  him  for  three  offenses  committed
subsequent to his discharge from the Air Force.  However,  inasmuch
as the facts surrounding the applicant’s discharge are unknown, and
in  view  of  the  remaining  contents  of  the   FBI   Report   of
Investigation, the majority of the Board remains  unpersuaded  that
an upgrade  of  the  applicant’s  characterization  of  service  is
warranted on the basis of clemency.  Accordingly, the  majority  of
the  Board  found  no  basis  to  disburb   the   Board’s   earlier
determination denying the applicant’s request.

___________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient  evidence  of  error  or
injustice and recommends the application be denied.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 24 October 2000, under the provisions  of  AFI
36-2603:

      Ms. Patricia J. Zarodkiewicz, Panel Chair
      Ms. Olga M. Crerar, Member
      Ms. Dorothy P. Loeb, Member

By a  majority  vote,  the  members  voted  to  deny  the  request.
Ms. Loeb voted to upgrade the applicant’s discharge to general  and
did  not  desire  to  submit  a  minority  report.   The  following
additional documentary evidence was considered:

    Exhibit F.  Letter, Applicant, dated 2 Nov 00, w/atch.




                                   PATRICIA J. ZARODKIEWICZ
                                   Panel Chair




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR Application of

      I have carefully considered all aspects of this case  and  do
not agree with the opinion of the majority of the  panel  that  the
applicant’s  request  for  upgrade  of  his   14   September   1957
undesirable discharge should be denied.

      After reviewing the available documentation,  I  believe  the
applicant’s discharge should be upgraded, on the basis of clemency.

      The applicant has had to live with the adverse effects of his
undesirable discharge for over 40 years, and  while  the  discharge
may have been appropriate at the time, I believe  it  would  be  an
injustice for him to continue  to  suffer  from  its  effects.   As
evidenced by the letters of character reference from co-workers and
acquaintances, it appears that the applicant has been a  productive
member of society and has overcome his indiscretions.

Certainly I do not condone the behavior that led to his undesirable
discharge.  Nonetheless, since it serves no useful purpose  to  the
Air Force or to society in general to continue the  nature  of  his
discharge at this late date and since it appears he  has  become  a
responsible citizen, it  is  my  decision  that  his  discharge  be
upgraded to  general  (under  honorable  conditions).   Applicant’s
request for upgrade to honorable was considered;  however,  without
complete knowledge of the circumstances of his  discharge,  further
relief is not warranted.




                                        JOE G. LINEBERGER
                                        Director
                                         Air  Force  Review  Boards
Agency


AFBCMR 98-02680




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 [APPLICANT], be corrected  to  show  that  on  14
September 1957, he was discharged  with  service  characterized  as
general (under honorable conditions).




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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