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AF | BCMR | CY2003 | BC-1989-01497A
Original file (BC-1989-01497A.DOC) Auto-classification: Denied

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


IN THE MATTER OF:      DOCKET NUMBER: BC-1989-01497

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded.

_________________________________________________________________

STATEMENT OF FACTS:

On 28 September 1989, the Board considered applicant’s request that his  BCD
be  upgraded.   The  Board  found  insufficient  evidence  of  an  error  or
injustice and denied the application.  For an accounting of  the  facts  and
circumstances surrounding the application, and the rationale of the  earlier
decision by the Board, see the Record of Proceedings at Exhibit F.

In a DD Form 293, Application for the Review of Discharge or Dismissal  from
the Armed  Forces  of  the  United  States,  dated  19 September  2002,  the
applicant requested reconsideration of his request to have his BCD  upgraded
and provided a copy of his DD Form 214, Certificate of Release or  Discharge
from Active Duty (Exhibit G).  In a letter,  dated  23  December  2002,  the
applicant was advised that inasmuch as  his  request  contained  essentially
the same request that was previously considered and denied by the Board  and
he had provided no new relevant evidence, it did not meet the  criteria  for
reconsideration by the Board (Exhibit H).

In a memorandum, dated 28 January 2003, submitted through his  Congressman’s
office, the applicant  requested  reconsideration  of  his  application  and
provided letters of  support  from  his  father,  brother  and  two  sisters
(Exhibit I).

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Washington, D.C., was requested to provide an Investigative  Report  on  the
applicant; however, they indicated that on the basis of the  data  furnished
they were unable to locate an arrest record (Exhibit J).

_________________________________________________________________


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review  of  the  evidence
of record and the additional documentation submitted by  the  applicant,  we
are not persuaded that a  change  to  his  characterization  of  service  is
warranted.  The statements from  the  applicant’s  family  are  duly  noted;
however, they do not persuade us that the characterization of his  discharge
is in error or unjust.  The applicant received a BCD as a  result  of  being
found  guilty  by  a  general  court-martial  of  stealing   $20   and   six
specifications of wrongful possession and use of cocaine  and  hashish,  and
wrongful distribution of cocaine.  The applicant has failed to  sustain  his
burden that he has suffered either an error  or  an  injustice.   Hence,  we
find no compelling basis to recommend granting the relief sought.

4.  We also find insufficient evidence to warrant a recommendation that  the
discharge be upgraded on the basis of  clemency.   We  have  considered  the
applicant’s overall quality of service,  the  seriousness  of  the  offenses
that precipitated the discharge, and available evidence related to his post-
service activities and accomplishments.  On balance, we do not believe  that
clemency is warranted.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the additional  evidence  presented  did  not
demonstrate  the  existence  of  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  Docket  Number  BC-1989-01497
in Executive Session on 21 August 2003, under  the  provisions  of  AFI  36-
2603:

                       Ms. Patricia D. Vestal, Panel Chair
                       Ms. Martha J. Evans, Member
                       Mr. E. David Hoard, Member



The following documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 28 Sep 89, w/atchs.
    Exhibit G.  DD Form 293, dated 19 Sep 02, w/atch.
    Exhibit H.  Letter, AFBCMR, dated 23 Dec 02.
    Exhibit I.  Letter, Congressman, dated 3 Feb 03, w/atchs.
    Exhibit J.  Request for FBI Investigative Report.




                                   PATRICIA D. VESTAL
                                   Panel Chair

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