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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.

_________________________________________________________________

STATEMENT OF FACTS:

On  28  Oct  97,  the  Board  considered  and  denied  an  application
pertaining to the applicant, in which he  requested  that  his  court-
martial conviction be overturned.  A complete copy of  the  Record  of
Proceedings is attached at Exhibit J (with Exhibits A through E).

On 7 Jul 98, the Board considered and denied the  applicant’s  request
that his bad conduct discharge be upgraded to honorable.   A  complete
copy of the Addendum to Record of Proceedings is attached at Exhibit K
(with Exhibit F).

On 5 Mar 04, the Board considered and denied the applicant’s request
his BCD be upgraded to honorable or general (under honorable
conditions).  A complete copy of the Second Addendum to Record of
Proceedings is attached at Exhibit L (with Exhibit I).

By letter, dated 29 Apr 04, the applicant’s counsel requests his BCD
be upgraded to honorable.

Applicant’s complete submission, with attachments, is at Exhibit M.

Counsel also provided two subsequent submissions, which are attached
at Exhibit N and O.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  In earlier findings,  the  Board
determined  that  there  was  insufficient  evidence  to  warrant  any
corrective action regarding the applicant’s request for an upgrade  of
his BCD discharge.  The Board has reviewed the applicant’s most recent
submissions and the majority of the Board finds the evidence  provided
insufficient to warrant a reversal of the previous  determinations  in
this case.  The applicant again has not  provided  any  evidence  that
shows to the majority’s satisfaction the discharge action was improper
or excessive.  The majority again commends  the  applicant’s  for  his
post-service efforts.   Notwithstanding  this,  the  majority  is  not
persuaded  that  upgrading  his  discharge  based   on   clemency   is
appropriate at this time.  Accordingly,  the  majority  of  the  Board
finds no basis to act favorably on his request for upgrade of his  BCD
discharge.

2.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

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

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
1996-02552 in Executive Session on 7 Dec 04, under the  provisions  of
AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Joseph G. Diamond, Member
      Ms. Ann-Cecile McDermott, Member

By a majority vote, the Board voted to deny the  applicant’s  request.
Mr. Peterson voted to grant the request but did not desire to submit a
minority report.  The following additional  documentary  evidence  was
considered:

    Exhibit J.  Record of Proceedings, dated 22 Jan 98, w/atchs.
    Exhibit K.  Addendum to Record of Proceedings,
                dated 7 Oct 98, w/atchs.
    Exhibit L.  Second Addendum to Record of Proceedings,
                dated 19 Apr 04, w/atchs.
    Exhibit M.  Letter, counsel, dated 29 Apr 04, w/atchs.
    Exhibit N.  Letter, counsel, dated 9 Sep 04, w/atch.
    Exhibit O.  Letter, counsel, dated 27 Sep 04, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-1996-02552






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

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application again be denied.

      Please advise the applicant accordingly.





                                           JOE G. LINEBERGER
                                           Director
                                           Air Force Review Boards
Agency




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