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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