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


IN THE MATTER OF:            DOCKET NUMBER:  99-01138
                             INDEX CODE:  110.00

                             COUNSEL: NONE

                             HEARING DESIRED:  NO



RESUME OF CASE:

On 21 June 1967, 28 May 1976, and 14 September 1999, the Board  considered
and denied applicant’s request that his dishonorable discharge be upgraded
to general (under honorable conditions).  A complete copy of the Record of
Proceedings, with attachments, is attached at Exhibit E.

In a letter dated 4 October 1999, with attachments, applicant states  that
new laws on Federal land in California, as set forth by State and  Federal
Regulatory Acts of 1998 has inadvertently affected his livelihood.  He  is
65 years old and is no longer working.  He was hospitalized for cancer and
in four months his insurance coverage will expire.  Without an  income  to
pay for his insurance coverage, he faces a crisis of great  hardship  with
his medical needs.  He states that as a former member of the  service,  he
has exhausted  all  administrative  remedies.   However,  Title  10,  USC,
Section 1552(F) provides for clemency.  This statute offers the only  hope
he has available along with his extraordinary conduct  in  civilian  life.
He states that he is a good man and worthy of clemency.  He has fought  in
a war, endured four years of confinement and has suffered the effects of a
court martial for many  years  as  punishment.   In  the  event  favorable
consideration is given, it does not set aside or reverse the  findings  of
the court martial.  The guilty verdict  and  discharge  will  not  change.
Under these terms, the only change, and what it means to him, is  that  he
can return to work and earn a living for his family (Exhibit F).

THE BOARD CONCLUDES THAT:

1.    After thoroughly reviewing  the  entire  case  file,  to  include  the
additional documentation, a majority of the  Board  is  not  persuaded  that
relief is warranted on the basis of clemency.  The Board majority  finds  no
impropriety in the characterization of applicant’s  discharge.   It  appears
that responsible officials applied appropriate standards  in  effecting  the
separation,  and  the  majority  does  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.  The
majority concludes, therefore, that the discharge  proceedings  were  proper
and characterization  of  the  discharge  was  clearly  appropriate  to  the
existing circumstances.

2.    Further, the majority of the Board  has  considered  the  particularly
egregious nature of applicant’s misconduct in  1954  that  precipitated  his
dishonorable discharge  (i.e.,  rape  of  a  Korean  national,  assault  and
battery on a Korean national, assault with a dangerous weapon, wrongful  and
willful discharge of a pistol in a Korean dwelling under such  circumstances
as to endanger human life, and absence without leave for one day),  and  the
available   evidence   relating   to   his   post-service   activities   and
accomplishments.  On balance, the  Board  majority  does  not  believe  that
clemency is warranted.

THE BOARD DETERMINES THAT:

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 15 May & 22 June 2000, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Laurence M. Groner, Member
                  Mr. Edward H. Parker, Member

By a majority vote, the Board recommended denial of  the  application.   Mr.
Parker voted to correct  the  records  but  does  not  desire  to  submit  a
Minority Report.  The following documentary evidence was considered:

   Exhibit E.  Record of Proceedings, dated 24 Sep 99, w/atchs.
   Exhibit F.  Letter, Applicant, dated 4 Oct 99, w/atchs.




                                RICHARD A. PETERSON
                                Panel Chair


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

FROM:  SAF/MIB

SUBJECT:

      I have carefully considered the rationale of the majority members of
the Air Force Board for Correction of Military Records (AFBCMR); however, I
agree with the minority member that applicant’s discharge should be
upgraded on the basis of clemency.  Furthermore, I believe that in view of
the circumstances of this case, equity dictates that the applicant’s
sentence should be reduced to less than one year.


      After reviewing the new documentation, which includes statements from
the applicant’s former assistant defense counsel and the former assistant
trial counsel, it appears that the system may have erred and that the
applicant may not have been guilty of the offense of which he was
convicted.  In this respect, there appears to be some doubt regarding the
veracity of the testimony of at least one witness and the accuracy of the
translation of testimony by the Korean interpreter.  More importantly,
however, as noted by the statement from the Commissioner, Viejas Tribal
Gaming Commission, the applicant has led an exemplary life for over forty
years and has been gainfully employed on the Viejas Indian Reservation.  He
has had to live with the adverse effect of his dishonorable discharge for
over 45 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.


      In view of the foregoing, it is my decision that the applicant’s
discharge be upgraded to under honorable conditions (general) and that his
sentence be reduced to less than one year.  Regardless of this decision
(even though the evidence submitted strongly suggests that, at worst, he
may have been guilty of a misdeamnor), we are unable to change this fact at
this late date.





                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency


AFBCMR 99-01138





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:

                a.  So much of the sentence of the General Court Martial
Order (GCMO) #83, Headquarters Fifth Air Force, dated 19 July 1954, as
affirmed by GCMO #26, dated 3 February 1955, relating to a dishonorable
discharge, be, and hereby is, set aside.

                b.  So much of the sentence of the GCMO #83, Headquarters
Fifth Air Force, dated 19 July 1954, as affirmed by GCMO #26, dated 3
February 1955, relating to confinement at hard labor in excess of eleven
(11) months be, and hereby is, set aside.

                c.  He was discharged under honorable conditions on 15 July
1954, and furnished a General Discharge Certificate.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency