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AF | BCMR | CY2004 | BC-2000-03051A
Original file (BC-2000-03051A.doc) Auto-classification: Approved


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


IN THE MATTER OF:      DOCKET NUMBER:  BC-2000-03051
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests his bad  conduct
discharge (BCD) be upgraded to an honorable discharge.

_________________________________________________________________

STATEMENT OF FACTS:

In an application  to  the  Board  dated  4  November  2000,  the  applicant
requested his bad conduct  discharge  (BCD)  be  upgraded  to  an  honorable
discharge.   On  4  April  2001,  the  Board  considered  and   denied   the
applicant’s request.  A complete copy of the Record of Proceedings (ROP)  is
at Exhibit E.

In an application dated 18 May 2004, the applicant submitted a  request  for
reconsideration.  He indicates it has been twenty years since his  discharge
and he has learned from his  mistakes.   He  has  been  married  for  twenty
years, he has a nineteen-year-old daughter, owns his  own  business,  he  is
currently in the process of  opening  “The  Integrity  Dove  Social  Service
Community Center”  along  with  several  business  partners,   and  will  be
running for city council this fall.  He further  indicates  he  has  learned
from his past and is doing his  community  a  great  service  and  hopes  to
continue to do so with the grace of God (Exhibit F).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice.   No  evidence  has  been  presented  to
indicate the applicant’s service characterization which  had  its  basis  in
his conviction by special court-martial and was a part of  the  sentence  of
the  military  court,  was  improper.   The  Board  notes  the  post-service
documentation provided by the applicant in support of his  appeal;  however,
the majority of the Board finds that due to its limited nature, they do  not
find the documentation sufficient to warrant favorable action based  on  the
evidence of record or clemency at this  time.   However,  if  the  applicant
provides  additional  documentation  pertaining  to  his  activities   since
leaving the service, reconsideration of  his  request  may  be  appropriate.
Therefore, in the absence of evidence to the contrary,  the  majority  finds
no compelling basis to change the previous decision in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

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-2000-
03051 in Executive Session on 26 July 2004, under the provisions of AFI  36-
2603:

                 Mr. Joseph A. Roj, Panel Chair
                 Ms. Brenda L. Romine, Member
                 Ms. Martha J. Evans, Member

By a majority vote, the  Board  recommended  denial.   Ms. Romine  voted  to
upgrade the discharge to general (under honorable conditions), and does  not
wish to submit a Minority Report.  The following  documentary  evidence  was
considered:

   Exhibit E.  Record of Proceedings, dated 4 April 2001
                 w/atchs.
   Exhibit F.  DD Form 149, dated 18 May 2004, w/atchs.




                                JOSEPH A. ROJ
                                Panel Chair




AFBCMR BC-2000-03051





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

SUBJECT:  AFBCMR Application of

      After considering the evidence available for my review, I agree with
the minority member of the panel that the applicant’s request that his bad
conduct discharge be upgraded should be granted.

      While the applicant’s bad conduct discharge may have been appropriate
for the circumstances at the time, I note he had to live with its adverse
effects for more than 20 years.  I note that it serves no useful purpose to
the Air Force or to society in general to continue the nature of his
discharge at this late date.  In view of the foregoing and in recognition
of the rehabilitative efforts over the past few years, it is my decision
the characterization of his discharge should be upgraded to general (under
honorable conditions) on the basis of clemency.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency















AFBCMR BC-2000-03051




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  , be corrected to show that on 10 April 1984, he was
discharged with service characterized as general (under honorable
conditions).




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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