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AF | BCMR | CY2004 | BC-1996-03327A
Original file (BC-1996-03327A.doc) Auto-classification: Denied

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

IN THE MATTER OF:      DOCKET NUMBER:  BC-1996-03327
            INDEX CODE:  110.00
            COUNSEL:  NO

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant's request for reconsideration, he requests his under other
than honorable conditions (UOTHC) discharge be upgraded to an honorable  or
general discharge.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5 December  1958  for  a
period of four (4) years.  The applicant was discharged  on  17  May  1961,
with a UOTHC discharge for misconduct for a civil court  conviction  on  25
January 1961 for the crime of Indecent Liberties upon a Female Person under
15 years of age.  He was issued an Undesirable Discharge Certificate.

The applicant's request to have his discharge upgraded was  considered  and
denied by the Board on 24 January 1997.  For an accounting of the facts and
circumstances surrounding the applicant's request  to  have  his  discharge
upgraded, and the rationale of the earlier decisions by the Board, see  the
Record of Proceedings, with attachments, at Exhibit C.

The applicant submitted an undated DD Form 149 with  attachments  requesting
reconsideration of his request to have his discharge upgraded (Exhibit D).

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Washington, D.C., provided an investigative  report  which  is  attached  at
Exhibit E.

On 24 May 2004, a copy of the FBI report was forwarded to the applicant  for
his review and response (Exhibit F).  The applicant’s response  to  the  FBI
report is attached at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After careful consideration of the applicant’s reconsideration request  and
the documentation submitted in support of his appeal, we are not  persuaded
to override the Board's original decision.  The applicant’s contentions are
duly noted, however, the Board finds no impropriety in the characterization
of applicant’s discharge.  It appears that  responsible  officials  applied
appropriate standards in effecting the  separation,  and  we  do  not  find
persuasive evidence that pertinent regulations were violated  or  that  the
applicant was not afforded all the rights to which entitled at the time  of
discharge.  We therefore conclude the  discharge  was  appropriate  to  the
existing circumstances.  The applicant has submitted evidence of his  post-
service accomplishments and while we commend him on his activities,  we  do
not  find  this  evidence  sufficiently  persuasive  to  warrant  clemency.
Therefore, in view of  the  foregoing,  we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-1996-
03327 in Executive Session on 29 June 2004, under the provisions of AFI  36-
2603:

                       Ms. Cathlynn B. Sparks, Panel Chair
                       Ms. Martha J. Evans, Member
                       Mr. James E. Short, Member

The following documentary evidence was considered:

      Exhibit C. Record of Proceedings, dated 24 January 1997,
            with Exhibits.
      Exhibit D. DD Form 149, undated,w/atchs.
      Exhibit E. FBI Report.
      Exhibit F. Letter, AFBCMR, dated 24 May 04.
      Exhibit G. Applicant’s Response, undated.




                                        CATHLYNN B. SPARKS
                                        Panel Chair

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