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AF | BCMR | CY2001 | 8802610
Original file (8802610.doc) Auto-classification: Approved





                                 ADDENDUM TO

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  88-02610

            INDEX CODE:  110.00


            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His dishonorable discharge be upgraded to general or honorable.

_________________________________________________________________

RESUME OF CASE:

On 7 Nov 88, the Board considered  and  denied  applicant’s  request
that  his  dishonorable  discharge  be  upgraded  to  general   (see
Exhibit G).

On 30 Nov 92, the Board considered and  denied  applicant’s  request
for reconsideration to  upgrade  his  discharge  to  honorable  (see
Exhibit H).

On 10 Oct 00, applicant provided additional evidence  and  requested
reconsideration of his application (see Exhibit I).

Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI), Clarksburg, West Virginia, provided an  investigative  report
indicating that on the basis of  information  furnished,  they  were
unable to locate an arrest record (see Exhibit J).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.     Insufficient  relevant  evidence  has   been   presented   to
demonstrate the existence of probable error or injustice.   We  have
reviewed the entire application  and  the  additional  documentation
submitted.  However, a majority of the Board is unpersuaded  that  a
revision of the earlier determination in this case is warranted.  In
this respect, we note that in earlier findings  of  this  case,  the
Board agreed with the Office  of  The  Judge  Advocate  General  and
adopted their rationale as the basis for their conclusion  that  the
applicant had not been the victim of an error or injustice and based
on the available evidence of record, found no basis  upon  which  to
recommend favorable action on his application.  We noted applicant’s
contentions  and  the  documents  provided  with  his  most   recent
submission pertaining  to  his  post-service  activities.   However,
after reviewing the circumstances of his  separation  from  the  Air
Force, the majority of the Board does not believe that his discharge
should be upgraded based on clemency.

2.    Although applicant has provided statements  attesting  to  his
character  and  while   we   commend   him   on   his   post-service
accomplishments, the Board majority does not find these achievements
sufficient to offset  the  reason  for  his  discharge  due  to  the
seriousness of the offenses  committed.   Accordingly,  the  earlier
decision to deny his application is affirmed.

_________________________________________________________________

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 13 February 2001, under the provisions  of  Air
Force Instruction 36-2603:

                  Mr. Benedict A. Kausal, IV, Panel Chair
                  Ms. Patricia D. Vestal, Member
                  Mr. Mike Novel, Member

By a majority vote, the Board recommended denial of the application.
 Mr. Novel voted to upgrade applicant’s  discharge  to  general  but
does  not  wish  to  submit  a  minority  report.    The   following
documentary evidence was considered:

     Exhibit G.  ROP, dated 7 Nov 88, w/atchs.
     Exhibit H.  ROP, dated 28 Dec 92, w/atchs.
     Exhibit I.  Letter fr applicant, dated 10 Oct 00, w/atchs.
     Exhibit J.  FBI Investigative Report, dated 19 Jan 01.




                                   BENEDICT A. KAUSAL
                                   Panel Chair




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

SUBJECT:  AFBCMR Case of , Docket Number 88-002610

      I have carefully reviewed all aspects of this case and do  not
agree with the opinion of the majority of the panel  that  favorable
action is not warranted regarding the applicant’s request  that  his
dishonorable discharge be upgraded to general or honorable.

       After  reviewing  the  available  documentation,  I   believe
applicant’s discharge should be upgraded on the basis  of  clemency.
In arriving at my decision,  I  note  that  while  the  dishonorable
discharge the applicant received may have been  appropriate  at  the
time, and I, in no way, condone the behavior which led to his court-
martial conviction, he has suffered its effects for over  15  years.
From the evidence  before  me,  including  the  statement  from  the
victim, it appears that he has served his sentence, has been a  law-
abiding citizen and is highly thought of by his family  members  and
others he has come in contact  with  and  has  become  a  productive
member of society.

      Therefore, since it serves no useful purpose to the Air  Force
or to society in general  to  continue  the  nature  of  applicant’s
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 an under honorable conditions (general) discharge.




                                        JOE G. LINEBERGER
                                        Director
                                         Air  Force  Review   Boards
Agency

AFBCMR 88-02610




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 27 August 1986,  he
was  discharged  with  service  characterized  as   general   (under
honorable conditions).







                                                           JOE    G.
LINEBERGER
                                                         Director
                                                          Air  Force
Review Boards Agency


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