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AF | BCMR | CY2004 | BC-1985-03480B
Original file (BC-1985-03480B.doc) Auto-classification: Approved

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

IN THE MATTER OF:      DOCKET NUMBER:  BC-1985-03480
            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.  He was discharged under other  than  honorable
conditions on 30 April 1957 by reason of conviction by civil court.  He  had
served 1 year, 2 months, and 9 days active service with no time lost.

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 submitted another request that  his
discharge be upgraded to general.  In support of his appeal, he  provided  a
personal statement; and a  copy  of  an  Order  to  Seal  by  the  state  of
Arkansas.  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
Alcoholics 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.   On  24  March  2003,  the  Board  considered  and  denied   the
applicant’s request.  A complete  copy  of  the  Record  of  Proceedings  is
attached at Exhibit F.

On 8 December 2003, the applicant resubmits a request that his discharge  be
upgraded to general.  In support of his appeal, he

provides a copy of his pardon  by  the  state  of  Arkansas.   His  complete
submission, with attachment, is at Exhibit G.
________________________________________________________________

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.  However, after a careful reconsideration of his request  and  his
most recent submission, a pardon from  the  Governor  of  Arkansas,  we  are
persuaded that an upgrade of the applicant’s  discharge  is  warranted.   It
appears that he has led a stable and productive life  and  it  appears  that
there is no evidence that  he  has  had  any  subsequent  involvement  of  a
derogatory nature since his separation from the Air Force.  In light of  the
above, and since it has been over 46  years  ago  since  his  discharge,  we
believe that it would be an injustice for him  to  continue  to  suffer  the
adverse effects of an undesirable discharge.   Therefore  on  the  basis  of
clemency,  we  believe  an  upgrade  of  his  discharge  to  general  (under
honorable conditions) is warranted.   Accordingly,  we  recommend  that  his
records be corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 3 April 1957,  he  was  discharged
with service characterized as general (under honorable conditions).

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 30 January 2004, under the provisions of AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Mr. Michael J. Maglio, Member
                       Ms. Carolyn B. Willis, Member

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

      Exhibit E.  Record of Proceedings, dtd 24 Apr 86, w/atchs.
      Exhibit F.  Record of Proceedings, dtd 24 Mar 03, w/atchs.
      Exhibit G.  Letter, Applicant, dtd 8 Dec 03, w/atch.




                                   WAYNE R. GRACIE
                                   Panel Chair


      AFBCMR 85-03480












      MEMORANDUM FOR THE CHIEF OF STAFF


            Under the authority of Section 1552, Title 10, United States
      Code and Air Force Instruction 36-2603, and having assured compliance
      with the provisions of the above regulation, the decision of the Air
      Force Board for Correction of Military Records is announced, and it is
      directed that:


            The pertinent military records of the Department of the Air
      Force relating to XXXXXXXXXX be corrected to show that on 3 April
      1957, he was discharged with service characterized as general (under
      honorable conditions).








                                                             JOE G.
      LINEBERGER
                                                             Director
                                                             Air Force
      Review Board Agency








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