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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