ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 85-03480
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests that his
undesirable discharge be upgraded to general.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was convicted on 5 March 1957 of robbery and assault on an
officer and sentenced to seven years’ imprisonment. The sentence was
suspended for good behavior.
On 23 February 1985, the applicant submitted an application requesting that
his undesirable discharge be upgraded to general under honorable
conditions. On 20 February 1986, the Board considered and denied the
applicant’s request. A complete copy of the Record of Proceedings is
attached at Exhibit E.
In an undated application, the applicant again submits a request that his
discharge be upgraded to general. In support of his appeal, he provides a
personal statement; and a copy of an Order to Seal by the state of
Arkansas. His complete submission, with attachment, is attached at Exhibit
F.
On 3 December 2002, the Board advised the applicant that he had not
provided information to the Board regarding post-service activities since
leaving the service. On 18 December 2002, applicant responded by providing
character reference letters; a copy of an Honorary Deputy Sheriff badge;
copies of his DD Form 214 and undesirable discharge certificate; his
Alcoholic Anonymous coin and a recorded message on a cassette tape
outlining in detail his pre/post service activities. Applicant advises on
tape that due to the arthritis in his hands he is not able to legibly write
a letter (Exhibit G).
According to the Federal Bureau of Investigation Report Number 486531C
dated 3 December 2002, the applicant has had no other convictions since his
discharge for the above said offense.
________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board determined that there was insufficient
evidence to warrant an upgrade of the applicant’s discharge based on
clemency. After a careful reconsideration of his request and his most
recent submission, we do not find it sufficiently compelling to warrant a
revision of the Board’s earlier determination in this case. We have noted
the limited evidence provided by the applicant attesting to his successful
participation in alcohol rehabilitation, and his involvement in various
community activities. Traditionally, this Board has exercised its
authority to recommend relief in cases such as the applicant’s based on
clemency and upon the submission of overwhelming evidence of a successful
post-service rehabilitation. Based on the evidence submitted, it is not,
in our estimation, of a sufficient quality and quantity to warrant the
approval of the requested relief based on clemency. Should the applicant
continue in this responsible manner and provide more expansive evidence of
a lengthy and established pattern of good behavior, the Board would be
willing to again consider his request.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and that the application will
only be reconsidered upon the submission of newly discovered relevant
evidence not considered with this application.
________________________________________________________________
The following members of the Board considered this application in Executive
Session on 5 March 2003, under the provisions of AFI 36-2603:
Ms. Marilyn Thomas, Panel Chair
Mr. Thomas J. Topolski, Jr, Member
Mr. William H. Anderson, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dtd 24 Apr 86, w/atchs.
Exhibit F. Application, undated, w/atchs.
Exhibit G. Letter, Character references, dtd 16 May 02
w/atchs.
MARILYN THOMAS
Panel Chair
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