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AF | BCMR | CY2002 | BC-2002-02579A
Original file (BC-2002-02579A.doc) Auto-classification: Approved


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


IN THE MATTER OF:      DOCKET NUMBER:  02-02579
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
an honorable discharge.

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question the applicant  enlisted  in  the  Regular
Air Force on 1 June 1961 in the grade of airman first class for a period  of
four (4) years.

In September 1962 the applicant was convicted by  the  State  of  Maine  for
having carnal knowledge of a female child between  the  age  of  15  and  16
years.  He was sentenced to, not less than one, but not more than two  years
at hard labor.

On 19 December 1962, he was discharged with an under  other  than  honorable
conditions (UOTHC) discharge under the provisions of AFR 39-22  (Misconduct-
Civil Court Conviction), in the grade of airman first class.   He  served  1
year, 6 months and 19 days this enlistment and 11 years, 6  months,  and  19
days of total active service with 77 days lost time.

On 22 October 2002, the Board considered and denied the applicant’s  request
to upgrade his UOTHC discharge to an honorable discharge.  A  complete  copy
of the Record of Proceedings, with attachments, is at Exhibits A-D.










On 23 October 2003, the Board requested the applicant  provide  post-service
documentation and requested a Federal Bureau Investigation (FBI) report.

As of this date, no response has been received by this office  in  reference
to post-service documentation.  However, the FBI report was received and  it
appears that there is nothing on  the  applicant’s  report  since  discharge
(Exhibit F).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence of probable  error  or  injustice.   The  Board  considered  the
applicant’s request for upgrade of his discharge and  recommended  denial.
However, we indicated that if he provided post-service documentation and a
check of the Federal Bureau of Investigation (FBI) proved clean  we  would
reconsider  his  request.   Applicant  has  not   provided   documentation
reflecting upon his accomplishments and character since his discharge from
the Air Force.  However, the FBI report has one conviction, which  was  at
the time of his discharge from the Air Force.  After  reviewing  this,  we
are persuaded that the  applicant’s  discharge  should  be  upgraded.   We
recognize the adverse impact of the discharge the applicant received; and,
while it may have been appropriate at the time, we believe it would be  an
injustice  for  the  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.  The applicant’s request for a  fully
honorable discharge was considered;  however,  based  on  the  applicant's
overall quality of service, the events which precipitated  the  discharge,
and the fact that the applicant has not provided information of his  post-
service activities and accomplishments, we do not believe that any further
clemency is warranted.  Therefore, we recommend his record be corrected as
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show  that  on  19  December  1962,  he  was
discharged  with  service  characterized  as  general   (under   honorable
conditions).

__________________________________________________________________






The following members of the Board considered  AFBCMR  Docket  Number  02-
02579 in Executive Session on 18 December 2002, under  the  provisions  of
AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. Mike Novel, Member
                 Ms. Martha Maust, Member

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

   Exhibit E.  Record of Proceedings, dated 23 October 2002,
               w/atchs.
   Exhibit F.  FBI Report.




                 OLGA M. CRERAR
                 Panel Chair


AFBCMR 02-02579





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 19 December 1962, he was
discharged with service characterized as general (under honorable
conditions).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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