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


IN THE MATTER OF:      DOCKET NUMBER: BC-2001-03345
            INDEX CODE:  110.00, 134.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests that  his  under
other  than  honorable  conditions  (UOTHC)  discharge  be  upgraded  to  an
honorable  discharge  and  that  his  special  court-martial  conviction  be
expunged from his records.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2 November 1955 in the  grade
of airman basic for a  period  of  four  (4)  years.   He  reenlisted  on  8
November 1957 in the grade of airman second class for a period  of  six  (6)
years.

On 2 February 1961, the applicant was tried by a special  court-martial  and
was found guilty.  He was charged with graft in violation  of  Article  134,
UCMJ, for unlawfully asking the sum of $42.00 from a class leader  of  Class
Number 05100-C for a guarantee that Class Number 05100-C would  successfully
complete Airman Basic Resident Course Number  70230,  and  with  failure  to
obey a lawful order in violation of Article 92, UCMJ, specifically  Amarillo
Technical Training Center Regulation 30-7, dated 15 October 1958,  paragraph
2.b which prohibits soliciting or accepting money from  any  basic  trainee,
graduate trainee or trainee.   The  applicant  asked  the  class  leader  to
collect money from each member of the class.  He  was  sentenced  to  a  bad
conduct discharge (BCD), confinement for 3 months, a  forfeiture  of  $43.00
pay per month for three months, and reduction to airman basic.

The applicant’s personnel records contain a morning report showing that  the
applicant  was  released  from  confinement  on  31 March  1961,  with   the
remainder of the confinement suspended, and  was  discharged  on  that  date
with an under other than honorable conditions (UOTHC)  discharge.   A  UOTHC
is an administrative discharge, and is not imposed by sentence of  a  court-
martial.

Applicant was discharged on 31 March 1961, in  the  grade  of  airman  basic
with an under other than honorable conditions (UOTHC) discharge,  under  the
provisions of AFR 39-17 (Unfit).  He served a total of  6  years,  4  months
and 29 days total active duty.

EXAMINER’S NOTE:  It is apparent the convening authority  provided  clemency
in reducing the  period  of  confinement  and  not  approving  the  punitive
discharge imposed by the court.

On 21 May 2002, the Air Force  Board  for  Correction  of  Military  Records
(AFBCMR) considered and denied the applicant’s request to upgrade his  under
other than honorable conditions (UOTHC) discharge to a honorable.   However,
his request that his special court-martial conviction be expunged  from  his
records was beyond the jurisdiction of the Board (Exhibits A-F).

On 4 June 2003, the  applicant  submitted  a  request  for  reconsideration,
indicating that he desires clemency.  He advised that  since  his  discharge
he has turned his life around.  He is a productive member of the  community,
is currently employed as a driver and is actively involved  in  church.   He
is a man of honor and is very proud to have served in the armed forces.   To
support his claim, the applicant  provided  a  personal  statement  and  two
character reference letters.  The  applicant’s  complete  submission  is  at
Exhibit G.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, indicated that they were unable to identify  with
an arrest record on the basis of data furnished - Exhibit I.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice warranting an upgrade of discharge.   The
majority of the Board  finds  no  evidence  to  show  that  the  applicant’s
discharge as a result of his conviction by court-martial  was  erroneous  or
unjust.   While  the  applicant  believes  his  UOTHC  discharge  should  be
upgraded, the majority notes  the  convening  authority,  in  approving  the
UOTHC discharge, provided some measure of clemency to the applicant when  he
reduced  the  period  of  confinement  and  did  not  approve  the  punitive
discharge.  It appears the convening authority determined the UOTHC  was  an
appropriate consequence that accurately described the  applicant’s  military
service and his crimes.  Therefore,  the  majority  is  persuaded  that  the
applicant’s discharge as a result of his  conviction  by  court-martial  was
not erroneous or unjust.  In reference to the applicant’s  request  to  have
his court-martial conviction expunged, as stated in  our  earlier  findings,
this Board has no authority to  reverse,  set-aside,  or  expunge  a  court-
martial conviction.

2.    The majority notes the post-service documentation submitted;  however,
they are not persuaded the information warrants a  recommendation  that  the
discharge be upgraded on the  basis  of  clemency.   In  this  respect,  the
majority has considered applicant's overall quality of service,  the  events
which precipitated the discharge, and his post-service conduct; on  balance,
the majority does not believe that clemency is warranted.

_________________________________________________________________

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-2001-
03345 in Executive Session on 22 December 2003 and 4  February  2004,  under
the provisions of AFI 36-2603:

                       Ms. Peggy E. Gordon, Panel Chair
                       Ms. Jean A. Reynolds, Member
                       Mr. Albert F. Lowas, Jr., Member

By a majority vote, the Board recommended denial of  the  application.   Mr.
Lowas voted to correct the records and submitted  a  Minority  Report.   The
following documentary evidence was considered:

      Exhibit F.  Record of Proceedings, dated 19 June 2002,
                w/atchs.
    Exhibit G.  Letter, Applicant, dated 4 June 2003, w/atchs.
    Exhibit H.  Negative FBI Report.
    Exhibit I.  Letter, Applicant, dated 1 December 2003, w/atch.
    Exhibit J.  Letter, AFBCMR, dated 17 December 2003.
    Exhibit K.  Minority Report.




                                   PEGGY E. GORDON
                                   Panel Chair




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

FROM: AFBCMR
       1535 Command Drive
       EE Wing, 3rd Floor
       Andrews AFB, MD 20762-7002

SUBJECT:       , AFBCMR Docket Number BC-2001-03345

      I have carefully considered all the circumstances of this case and
disagree with the majority of the panel that the applicant’s request should
be denied in whole.

      While the evidence does not support a finding that the actions taken
to effect the applicant’s discharge were erroneous, I believe clemency
would be appropriate in this case based on the following considerations.
The record indicates that the applicant served honorably for over five
years before he committed the offense that led to his separation.  The
evidence he has provided substantiates to my satisfaction that he has made
a successful post-service adjustment.  He has a clean FBI record, also.  He
has lived with the adverse effects of his discharge for 43 years and I
believe that the continued imposition of the discharge would constitute an
injustice.




      In view of the above, I believe that on the basis of clemency, an
upgrade to a general (under honorable conditions) discharge would be
appropriate.




                                       ALBERT F. LOWAS
                                       Panel Chair




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

FROM: SAF/MRB

SUBJECT:    AFBCMR Case of

      I have carefully reviewed the circumstances of this case and do not
agree with the AFBCMR majority that the applicant’s request to upgrade his
discharge should be denied.  I believe that equity dictates relief on the
basis of clemency.

      The applicant was discharged on 31 March 1961, under the provisions of
AFR 39-17 (Unfitness), with an under other than honorable conditions
(UOTHC) discharge after serving 6 years, 4 months, and 29 days of active
duty.  The record indicates the applicant served honorably for over five
years before he committed the offense that led to his separation.  He has
taken full responsibility for his past actions and appears to be a law-
abiding citizen and highly thought of by members of his community.

      The applicant has had to live with the adverse effect of his UOTHC
discharge for over 43 years, and while the discharge may have been
appropriate at the time, I believe it would be an injustice for him to
continue to suffer from its effects.  I note the Federal Bureau of
Investigation (FBI) indicates they are unable to identify any arrest record
to the applicant.  Since, it appears that the applicant was a good
performer who simply made a mistake and in consideration of the apparent
absence of criminal involvement since discharge, his separation should be
upgraded to general as a matter of clemency.

      Certainly I do not condone the behavior that led to his UOTHC
discharge.  Nonetheless, since 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, it is my decision that his discharge be upgraded to a general
(under honorable conditions) discharge.  Applicant’s request for a fully
honorable discharge was considered; however, I do not believe the overall
record supports a further upgrade.







                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency

Attachment:
Case File


 AFBCMR BC-2001-03345












 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  , be corrected to show that on 31 March 1961, he was
 discharged with service characterized as general (under honorable
 conditions).








                                                       JOE G. LINEBERGER
                                                       Director
                                                       Air Force Review
 Board Agency