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AF | BCMR | CY2003 | BC-2001-01242A
Original file (BC-2001-01242A.doc) Auto-classification: Approved

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



IN THE MATTER OF:      DOCKET NUMBER:  01-01242
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests his undesirable
discharge be upgraded to a general discharge.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant had two prior honorable discharges in 1952 and  1955.   During
his reenlistment of 23  May  55,  he  was  discharged  with  an  undesirable
discharge on 10 Dec  56  because  of  a  civil  court  conviction.   He  had
completed 1 year, 4 months and 19 days of his  current  enlistment  and  was
serving in the grade of airman basic (E-1) at the time of discharge.

A similar appeal was considered and denied by the Board on 16 Aug  01.   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 F.

On 22 Aug 02, the applicant  submitted  an  application  for  correction  of
military records, requesting upgrade of  his  discharge.   Inasmuch  as  the
current  application  contains  the  same  request  which   was   previously
considered by the Board, was processed as a request for  reconsideration  of
the initial application.  To support his request, the applicant  provided  a
copy of his Resume and statements concerning  his  post-service  activities.
The applicant’s complete submission, with attachments, is at Exhibit G.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in  support
of the appeal, we are persuaded that relief is warranted  in  this  case  on
the basis  of  clemency.   We  have  seen  no  evidence  to  show  that  the
applicant’s  discharge  was  erroneous  or  unjust.    Nevertheless,   after
reviewing the evidence presented, we are of the opinion that  the  applicant
has provided sufficient evidence to lead us to conclude that  in  the  years
following his separation, he has made a successful  adjustment  to  civilian
life.  In view of this fact and in consideration of  the  applicant’s  prior
honorable  discharges,  we  believe  the   continued   imposition   of   the
undesirable discharge serves no useful purpose and that,  on  the  basis  of
clemency, its stigma should be removed from his  records.   Accordingly,  we
recommend that the applicant’s  discharge  be  upgraded  to  general,  under
honorable conditions.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected  to  show  that,  on  10  December  1956,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 6 February 2003, under the provisions of AFI 36-2603:

                  Mr. Jackson A. Hauslein, Panel Chair
                  Mr. Roscoe Hinton Jr., Member
              Mr. Lawrence R. Leehy, Member

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

   Exhibit F.  Record of Proceedings, dated 25 Sep 01.
   Exhibit G.  DD Form 149, dated 22 Aug 02, w/atchs.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair



AFBCMR 01-01242




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 10 December 1956, he
was discharged with service characterized as general (under honorable
conditions).




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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