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

IN THE MATTER OF:      DOCKET NUMBER:  BC-1991-01786-2
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular  Air  Force  on  25  June  1954.   He  was
convicted in November 1954  by  special  court-martial  (SPCM)  of  wrongful
appropriation of a  motor  vehicle,  for  which  he  received  four  months’
confinement at hard labor as part of his sentence.  He  was  also  convicted
by summary court-martial in 1956 for failure  to  obey  a  lawful  order  by
becoming drunk and disorderly in station, for which  he  received  30  days’
confinement at hard labor as part of his sentence.  As a result  of  a  four
day absent without leave (AWOL) offense in 1956 he was reduced  in  rank  to
airman basic.

On 22 May 1957, applicant was tried by special  court-martial  at  Barksdale
AFB, Louisiana on charges that he:   (1)  operated  a  motor  vehicle  in  a
reckless manner, thereby causing injury to two passengers  in  his  vehicle;
and (2) that he wrongfully left the scene of the accident.

Applicant  was  tried  before  a  court  of  members,  and  was  represented
throughout the proceeding by counsel.  He pled not guilty  to  the  charges,
and was acquitted of the latter one.  He was convicted of reckless  driving,
and was sentenced to be discharged from  the  service  with  a  bad  conduct
discharge, to forfeit $65.00 per month for six months and to be confined  at
hard labor for six months.

On 5 August 1957, the Air  Force  Board  of  Review,  Office  of  The  Judge
Advocate General, affirmed the findings of guilty and  sentence  as  correct
in law and fact, and, based upon review of the entire  record  approved  the
sentence in its entirety.  On 9 September 1957, by SPCM Order  No  304,  the
sentence as adjudged was affirmed, and the convening authority  ordered  the
sentence executed.

On 30 September 1957, the applicant was discharged from the Air Force.   His
Certificate of Discharge reflects character of service as Under  Other  Than
Honorable Conditions.  The reason and authority cited is sentence by  court-
martial, AFR 39-18.  The type of discharge certificate issued was a DD  Form
259AF, Bad Conduct Discharge.   At  the  time  of  his  separation,  he  was
credited with 2 years, 6 months and 19 days on  active  duty.   He  had  260
days of lost time.

On 23 July 1958, the Air Force Discharge Review  Board  reviewed  the  case,
found that applicant was properly discharged and concluded that the type  of
discharge was equitable and proper.  On 25 July 1958, the Secretary  of  the
Air Force directed no change in the discharge and  applicant’s  request  for
upgrade was denied.  On 11 February 1960, applicant filed  for  reenlistment
in the Air  Force  and  requested  a  waiver  of  his  less  than  honorable
discharge.  On 18 March 1960, the Air Force Personnel  Board  reviewed  this
application and recommended denial of the waiver.  The Secretary of the  Air
Force denied applicant’s waiver request on 24 March 1960.

On 22 December 1990,  applicant  submitted  an  application  requesting  his
discharge be upgraded.  On 30  September  1991,  the  Air  Force  Board  for
Correction of Military Records (AFBCMR) considered and denied  his  request.
A copy of the Record of Proceedings is at Exhibit F.

On  1   July   2000,   applicant   submitted   an   application   requesting
reconsideration that his discharge be  upgraded.   On  9  August  2000,  the
applicant was informed  his  application  did  not  meet  the  criteria  for
reconsideration by the Board.  He was also invited  to  provide  information
pertaining to his activities since leaving  the  service.   A  copy  of  the
AFBCMR letter, with attachments, is at Exhibit G.

On  26   May   2004,   applicant   submitted   an   application   requesting
reconsideration that his discharge be upgraded at least to  a  general.   On
24 June 2004, applicant was again informed his application did not meet  the
criteria for reconsideration by the Board.  A copy  of  the  AFBCMR  letter,
with attachment, is at Exhibit H.

On  30  July  2004,  applicant   submitted   a   letter   again   requesting
reconsideration.  In support of the appeal, applicant submits  20  character
references.  A copy of applicant’s letter, with attachments, is  at  Exhibit
I.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg,  West  Virginia,  provided  an  investigative  report  which  is
attached.  A copy of the FBI Report was sent to applicant  on  15  September
2004 (Exhibit J).

______________________________________________________________

THE BOARD CONCLUDES THAT:

1.  As a result of an earlier consideration of this case,  the  Board  found
that the application was not timely filed and that no evidence of  error  or
injustice  had  been  presented  warranting  a  waiver  of  the   timeliness
requirements.  After reviewing the evidence provided by  the  applicant,  we
find that it is in the interest of justice to excuse the failure  to  timely
file.

2.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or  injustice.   After  reviewing  the  previous
documentation and noting the additional documentation submitted, a  majority
of the Board is  not  convinced  that  the  applicant’s  request  should  be
granted.  A majority of the Board concludes, therefore, that  the  discharge
proceedings  were  proper  and  characterization  of   the   discharge   was
appropriate  to  the  existing  circumstances.   A   majority   also   finds
insufficient evidence to warrant a  recommendation  that  the  discharge  be
upgraded on the basis of clemency.  We have considered  applicant’s  overall
quality  of  service,  the  events  which  precipitated  the  discharge  and
available evidence related to post-service activities  and  accomplishments.
On balance, the majority of the Board does  not  believe  that  clemency  is
warranted in view of the fact that during his short period  of  service,  he
was tried and convicted by three courts-martial.  Therefore, in the  absence
of evidence to the contrary, the majority of the Board again finds no  basis
to recommend granting the relief sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommend the application be denied.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 5 May 2005, under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Sue A. Lumpkins, Member
                       Mr. James W. Russell III, Member

By a majority vote, the Board recommended denial of  the  application.   Mr.
Richard A. Peterson  voted  to  upgrade  the  discharge  to  general,  under
honorable conditions, based on clemency but  does not  desire  to  submit  a
Minority Report.

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
1991-01786 was considered:

      Exhibit F.  Record of Proceedings, dated 30 Sep 91, w/atchs.
      Exhibit G.  Letter, AFBCMR, dated 9 Aug 00, w/atch.
      Exhibit H.  Letter, AFBCMR, dated 24 Jun 04, w/atchs.
    Exhibit I.  Applicant’s Letter, dated 30 Ju1 04, w/atchs.
      Exhibit J.  FBI Report.



                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-1991-01786-2




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

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant had
not provided substantial 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





AFBCMR BC-1991-01786-2



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 to upgrade
his bad conduct discharge (BCD) with service characterized as under other
than honorable conditions (UOTHC) should be granted.

      While the applicant’s BCD may have been appropriate for the
circumstances at the time, I note he has lived with its adverse effects for
nearly 48 years.  Subsequent to his separation, his only civil offenses
appear to have been three arrests for driving while intoxicated 38 years
ago.  From the evidence provided, it appears that since that time, he has
been a responsible citizen.  The evidence and supporting statements
provided by the applicant attest to his good character and the widely-held
opinion that he is an asset to the community.


      I do not condone the behavior that led to his BCD or his subsequent
involvement with civil authorities.  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 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-1991-01786-2



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 APPLICANT, be corrected to show that on 30 September 1957, he
was discharged with service characterized as general (under honorable
conditions).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency