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AF | BCMR | CY2003 | 8503480A
Original file (8503480A.doc) Auto-classification: Denied

                                 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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