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AF | BCMR | CY2004 | BC-2003-00364a
Original file (BC-2003-00364a.doc) Auto-classification: Denied

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


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-00364

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

STATEMENT OF FACTS:

On 8 May 2003, the Board considered applicant’s  request  that  his  general
discharge be upgraded to honorable  and  his  benefits  under  the  Veterans
Educational  Assistance  Program  (VEAP)  be  restored.   The  Board   found
insufficient evidence of an error or injustice and denied  the  application.
For  an  accounting  of  the  facts  and   circumstances   surrounding   the
application, and the rationale of the earlier decision  by  the  Board,  see
the Record of Proceedings at Exhibit E.

In  letters,  dated   18   and   27   January   2004,   applicant   requests
reconsideration of his request to have his discharge upgraded  and  provides
additional documentation.   The  applicant’s  complete  submissions  are  at
Exhibits F and G.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, provided an FBI Identification Record that is at Exhibit  I.
 Applicant reviewed the FBI Identification Record and  provided  a  response
that is at Exhibit J.

_______________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence  of  an  error  or  injustice.   After  thoroughly  reviewing  the
evidence of record and the additional documentation submitted by  applicant,
a majority of the Board is not persuaded that he has been the victim  of  an
error or injustice.   A  majority  of  the  Board  also  finds  insufficient
evidence to warrant a recommendation that applicant’s discharge be  upgraded
on the basis  of  clemency.   In  this  regard,  the  Board  considered  the
applicant’s overall quality of service, the  events  that  precipitated  the
discharge,  his  post-service  activities  and  accomplishments,   and   his
involvement with civil authorities.  On balance, a  majority  of  the  Board
does not believe that clemency is warranted.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

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

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-00364
on 23 September 2004, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. James W. Russell, III, Member
                       Ms. Cheryl Jacobson, Member

By majority vote, the Board recommended  denial  of  the  application.   Ms.
Jacobson voted to correct the records and has submitted  a  minority  report
which is at Exhibit J.  The following documentary evidence was considered:

    Exhibit E.  Record of Proceedings, dated 8 Dec 03, w/atchs.
    Exhibit F.  Letter, Applicant, dated 18 Jan 04, w/atchs.
    Exhibit G.  Letter, Applicant, dated 27 Jan 04, w/atch.
    Exhibit H.  Letter, AFBCMR, dated 20 Apr 04.
    Exhibit I.  FBI Identification Record.
    Exhibit J.  Letter, Applicant, dated 22 May 04.
    Exhibit K.  Minority Report, dated 14 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair



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

SUBJECT:    AFBCMR Application of XXXXXXX, XXXXXXX

      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 be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency




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

SUBJECT:  XXXXXXX, DOCKET NO: BC-2003-00364

      After considering the applicant’s overall quality of service, the
events which precipitated the discharge, and the evidence related to his
post-service activities and accomplishments, my fellow Board members do not
believe applicant’s discharge should be upgraded based on clemency.  I
disagree.

      Applicant has provided documentation relating to his post-service
activities that indicates he has obtained his California state contractors
license, attended community college, and participated in an Alcoholics
Anonymous group.  He also provides a number of letters of recommendation
attesting to his character and standing in the community.   Although he
does have a 2002 conviction for child stealing, he has indicated that his
actions were taken in the best interest of his daughter and since that
time, he has reconciled with his daughter’s mother and is frequently
afforded unsupervised visitation with her.  Based on a totality of the
evidence presented and since the events leading to his discharge were
alcohol related, I believe that he has turned his life around and should be
given the opportunity to enlist in the Army National Guard, as he so
desires.  Clearly, this is the type of case Congress intended in its
mandate to the Board to consider other factors; e.g., applicant’s
background, the overall quality of service, and post-service activities and
accomplishments.  I recognize the adverse impact of the discharge he
received; and, while it may have been appropriate at the time, I believe it
would be an injustice for him to continue to suffer its effects.

      In view of the above, and in consideration of applicant’s sobriety, I
recommend his discharge be upgraded to honorable on the basis of clemency.




                                        CHERYL JACOBSON
                                        Member







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