Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-1996-02738A
Original file (BC-1996-02738A.doc) Auto-classification: Approved

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


IN THE MATTER OF:      DOCKET NUMBER:  96-02738
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests his bad  conduct
discharge (BCD) be upgraded to honorable.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was discharged with a  bad  conduct  discharge  on  17 October
1985, in the grade of airman basic, under the provisions of HQ LTTC GCMO #--
- [Conviction by Court-Martial (Other than  Desertion)].   He  was  credited
with 3 years, 11 months, and 25 days of active duty service  (excludes  lost
time for the period 16 Aug 84 through 17 Oct 85 due to confinement).

On 4 November 1997, the applicant’s request that  his  BCD  be  upgraded  to
general (under honorable conditions) was considered and denied  by  the  Air
Force Board for Correction of Military Records (AFBCMR).  For an  accounting
of the facts and circumstances surrounding the applicant’s  separation,  and
the rationale of the earlier decision  by  the  Board,  see  the  Record  of
Proceedings at Exhibit G.

The applicant provided additional evidence in the  form  of  a  copy  of  an
Executive Pardon by President William J. Clinton, dated 22 December 2000.

The applicant’s complete submission is at Exhibit H.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in  support
of the appeal,  a  majority  of  the  Board  remains  unpersuaded  that  the
applicant’s  discharge  was  in  error  or  unjust.   In  his  most   recent
submission, the applicant provided a copy of his presidential  pardon.   The
Presidential pardon is granted under the provisions of  Title  28,  Code  of
Federal Regulations, Section 1.1.  The decision to grant  or  withhold  such
pardons  is  made  primarily  on  the  basis  of  post-trial   conduct   and
citizenship, although the nature of the offense plays a part.  A pardon  has
no legal effect other than to express forgiveness by the  United  States  at
the highest level.  It can be highly significant to  prospective  employers,
as well as state and local authorities.  While this document is laudable,  a
majority of the Board finds that it does not alleviate  the  seriousness  of
the applicant’s misconduct which led to  his  court-martial  and  subsequent
discharge.  In view of the above, a majority of the Board is  not  persuaded
that an upgrade of the characterization of his  discharge  is  warranted  on
the basis of clemency.

_________________________________________________________________

THE BOARD RECOMMENDS:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  96-02738
in Executive Session on 28 April 2003, under the provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Ms. Brenda L. Romine, Member
      Mr. David W. Mulgrew, Member

By a majority vote, the members voted  to  deny  the  request.   Mr. Diamond
voted to upgrade the applicant’s discharge to general and did not desire  to
submit  a  minority  report.   The  following   documentary   evidence   was
considered:

      Exhibit G.  Record of Proceedings, dated 3 December 1997,
                with Exhibits.
      Exhibit H.  DD Form 149, Reconsideration Request, w/atchs.




                                   JOSEPH G. DIAMOND
                                   Panel Chair


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

SUBJECT:  APPLICANT

      I have carefully considered all the circumstances of this case and do
not agree with the majority of the panel that the applicant’s request for
upgrade of his discharge should be denied.

      After reviewing the available documentation, I believe the
applicant’s discharge should be upgraded on the basis of clemency.

      The applicant has had to live with the adverse effects of the bad
conduct discharge for over 17 years, and while the discharge may have been
appropriate, I believe it would be an injustice for him to continue to
suffer from its effects.  As evidenced by the Presidential Pardon, it is
apparent that the applicant has made a successful post service adjustment
and has been a law-abiding citizen since his separation.

      Certainly I do not condone the behavior that led to his bad conduct
discharge.  Nonetheless, since it serves no useful purpose to the Air Force
or to society in general to continue the nature of his discharge at this
late date, it is my decision that his discharge be ugpraded to general
(under honorable conditions).  Applicant’s request for upgrade to honorable
was considered; however, given the seriousness of his misconduct that led
to his discharge, I do not find that further upgrade is warranted.

                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency





AFBCMR 96-02738
INDEX CODE:  110.02




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 APPLICANT be corrected to show that on 17 October
1985, he was discharged with service characterized as general
(under honorable conditions).





                                             JOE G. LINEBERGER
                                             Director
                                               Air   Force   Review
Boards Agency



Similar Decisions

  • AF | BCMR | CY2000 | 9802680

    Original file (9802680.doc) Auto-classification: Approved

    On 20 July 1999, the Board considered the additional documentation provided by the applicant, as well as an FBI report, and found no basis to overturn its earlier determination denying the applicant’s request. By letter, dated 2 November 1999, the applicant requested reconsideration of his appeal and submitted a Certificate of Pardon, issued on 23 April 1991, for the Board’s consideration (Exhibit F). PATRICIA J. ZARODKIEWICZ Panel Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE...

  • AF | BCMR | CY2004 | BC-2004-00165

    Original file (BC-2004-00165.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00165 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His separation code of “JJD - Court-Martial {Other}” be changed to “JEH.” _________________________________________________________________ THE APPLICANT CONTENDS THAT: The Presidential Pardon he received removes or eliminates all...

  • AF | BCMR | CY2004 | BC-2003-02934

    Original file (BC-2003-02934.DOC) Auto-classification: Denied

    On 3 July 1957, the applicant was dishonorably discharged. On 20 October 1960, he was found guilty by civil court and sentenced to 18 months of confinement. The JAJM evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation and the FBI report were forwarded to the applicant on 19 December 2003 (Exhibit D) and 4 February 2004 (Exhibit E) for review and comment.

  • AF | BCMR | CY2001 | 0101221

    Original file (0101221.doc) Auto-classification: Approved

    Additional relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. DPPRS recommends that the discharge be upgraded to general (under honorable conditions)(see Exhibit C). JOSEPH G. DIAMOND Panel Chair AFBCMR 01-01221 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...

  • AF | BCMR | CY2003 | BC-2002-02895

    Original file (BC-2002-02895.doc) Auto-classification: Approved

    Applicant has also requested that his discharge be upgraded to honorable. After reviewing applicant’s overall record of service and based on the fact that under today’s standards he would receive an honorable discharge, we recommend approval of his request for an upgrade of his discharge. Show that on 26 April 1957, he was honorably discharged in the grade of master sergeant and furnished an Honorable Discharge Certificate.

  • AF | BCMR | CY2004 | BC-1996-02552A4

    Original file (BC-1996-02552A4.doc) Auto-classification: Denied

    THIRD ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-1996-02552 INDEX CODE: A68.00 COUNSEL: ANNA PAT KRUPKIN HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to honorable. In earlier findings, the Board determined that there was insufficient evidence to warrant any corrective action regarding the applicant’s...

  • AF | BCMR | CY2005 | BC-2005-00715

    Original file (BC-2005-00715.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00715 INDEX CODE: 110.00, 112.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 03 SEPTEMBER 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable and his reenlistment eligibility (RE) code of 2B be changed. The commander was recommending...

  • AF | BCMR | CY1999 | 9802028

    Original file (9802028.doc) Auto-classification: Approved

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02028 INDEX CODE: 110 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to general, under honorable conditions or honorable. Although the applicant has provided some statements concerning his employment and a letter from his former co-worker, a majority...

  • AF | BCMR | CY2004 | BC-2002-01793C

    Original file (BC-2002-01793C.doc) Auto-classification: Approved

    THIRD ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01793 XXXXXXXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: The applicant requests reconsideration of the following previously denied requests: a. After reviewing the applicant’s complete evidence of record to include the new evidence, the Board again denied the...

  • AF | BCMR | CY2000 | 9901161

    Original file (9901161.doc) Auto-classification: Approved

    We note the dependency for the applicant’s mother was not approved until after the PCS to Indian Springs was cancelled. Exhibit C. Letter, AFBCMR, dated 24 May 99. JOSEPH G. DIAMOND Panel Chair AFBCMR 99-01161 MEMORANDUM FOR EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: XXXXXXXXXX, XXXXXXXXXX By a majority vote, the Board recommended that the applicant’s request for reimbursement in the amount of $6,667.28 for expenses incurred in moving his...