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AF | BCMR | CY2003 | BC-2002-00241A
Original file (BC-2002-00241A.doc) Auto-classification: Approved

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


IN THE MATTER OF:      DOCKET NUMBER: 02-00241

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

In  the  applicant’s  request   for   reconsideration,   he   requests   his
reenlistment eligibility (RE) code be changed from 2B to 3A so that  he  may
pursue a career in the U. S. Army.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an  airman  basic  on  11
Jan 90.  On 27 May 95, the applicant was alleged to have engaged  in  sexual
conduct with a female and purposely compelled the victim to submit by  force
or threat of force. On  26 September 1995, the applicant pleaded  guilty  to
Gross Sexual Imposition in  the  county  court,  Summit  County,  Ohio.   He
received  a  suspended  18  months  sentence  in  the  Ohio  Department   of
Rehabilitation and Corrections and placed on three years probation.

On 13 Jun 96 his commander notified him that he  was  being  discharged  for
misconduct-civilian conviction.   On  13  Sep  96  he  was  discharged  with
service characterized as under other than honorable  conditions  (UOTHC)  in
the grade of senior airman. He served 6 years, 11  months  and  16  days  of
active service.  He received an RE of "2B."

20 August 2002, the applicant’s request was considered  and  denied  by  the
Board, see the Record of Proceedings at Exhibit F.

On  16  September  2002,the  applicant  provided  additional  evidence   and
requested reconsideration of his application.  In support of his request  he
provided,  his  college  transcripts,  certificates  of  training,  and  his
Bachelor’s Degree certificate.  The applicant’s complete  submission  is  at
Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1. Insufficient relevant evidence has  been  presented  to  demonstrate  the
existence of error or injustice that would warrant  an  upgrade  of  his  RE
code.  After a thorough review of the record,  we  see  no  evidence  of  an
error in this case and remain unpersuaded that he has been the victim of  an
injustice.  At the time he  was  discharged  from  the  Air  Force,  he  was
furnished an RE code predicated upon the quality  of  his  service  and  the
circumstances of his discharge.   We  are  not  persuaded  by  the  evidence
provided in support of  his  appeal  that  the  corresponding  RE  code  was
improper or unjust; or, that an upgrade of the RE  code  is  warranted.   In
view of the foregoing, we find no basis favorably consider this request.

2. Regarding his request that his discharge be upgraded to honorable, it  is
our opinion that the characterization of his service  as  under  other  than
honorable (UOTHC) was excessively harsh.  In view of the evidence  provided,
we believe that he has  been  a  productive  member  of  society  since  his
discharge and that it would be an injustice for him to  continue  to  suffer
the adverse effects of an  UOTHC  discharge.   Therefore  on  the  basis  of
clemency,  we  believe  an  upgrade  of  his  discharge  to  general  (under
honorable conditions) is warranted.  His request for  upgrade  to  honorable
was considered; however, based on his overall  record,  we  do  not  believe
that a fully honorable discharge is  warranted.   Accordingly  we  recommend
his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to  show  that  on  13  September  1996,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-00241  in
Executive Session on 2 April 2003, under the provisions of AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. Michael K. Gallogly, Member
                 Mr. John B. Hennessey, Member

The following documentary evidence was considered:

      Exhibit F.  Record of Proceedings, dated 4 Sep 02,
                with Exhibits.
      Exhibit G.  Applicant’s Letter, dated 16 Sep 02, with
                attachments.




                                  OLGA M. CRERAR
                                   Panel Chair
AFBCMR 02-00241




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 13 September
1996, he was discharged with service characterized as general (under
honorable conditions).







      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency

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