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AF | BCMR | CY2005 | BC-2004-03010
Original file (BC-2004-03010.doc) Auto-classification: Approved


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


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03010
                    (RECON of BC-1981-02511)
            INDEX CODE:  110.02

      XXXXXXXX   COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests his under  other
than honorable conditions (UOTHC) discharge be upgraded based on clemency.

_________________________________________________________________

STATEMENT OF FACTS:

A similar appeal was considered and  denied  by  the  Board  on  13 November
1981.  A summary of the evidence considered by the Board and  the  rationale
for its decision is set  forth  in  the  Record  of  Proceedings,  which  is
attached at Exhibit D.

Applicant requested reconsideration of his application by  letter  dated  25
Apr 82; however, since he provided no new evidence for review,  his  request
was not processed for consideration by the Air Force  Board  for  Correction
of Military Records (AFBCMR).  By  letter,  dated  9  Jul  04,  through  his
member   of   congress,   applicant   submitted    another    request    for
reconsideration.  However, it was determined that his request did  not  meet
the criteria for reconsideration (Exhibit E).

On 12 Sep 04, applicant requested his UOTHC discharge be upgraded  based  on
clemency, contending his discharge was based on a misunderstanding.

In support of his appeal, applicant provided a personal  statement;  letters
of character reference from associates and his  pastor;  and  extracts  from
his master personnel records.  The applicant’s  complete  submission  is  at
Exhibit F.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV,  indicated  on  6  Dec  04,  that,  on  the  basis  of  data
furnished, they are unable to locate an arrest record (Exhibit J).

_________________________________________________________________



AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed the  applicant’s  request.   Based  on  the  lack  of
documentation in the file, they were unable to determine  the  propriety  of
the discharge.  They noted applicant did not  submit  any  new  evidence  or
identify any errors or injustices that occurred in the discharge  processing
and provided no  other  facts  warranting  a  change  to  his  character  of
service.

This evaluation is at Exhibit G.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted a personal  statement  for  the  Board’s  review  in
which he related his account of the events which led to his discharge.

Applicant provided additional  documents  including  a  personal  statement;
copies of documents from his master personnel record, and a letter from  the
police department, dated 9 Nov 04.

The applicant’s review is at Exhibit I.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

We note that the circumstances surrounding  the  applicant’s  discharge  are
not available.  However, based upon the presumption  of  regularity  in  the
conduct of governmental affairs and without evidence  to  the  contrary,  we
must  assume  that  his  discharge  was  proper  and  in   compliance   with
appropriate regulations in effect at the time.  Nonetheless,  the  applicant
has had to live with the adverse effects of his under other  than  honorable
conditions (UOTHC) discharge for over 60 years, and while it may  have  been
appropriate at the time, we believe it would be  an  injustice  for  him  to
continue to suffer from its effects.  It  appears  that  the  applicant  has
been a responsible citizen  and  productive  member  of  society  since  his
separation.  This  is  evidenced  by  the  letters  of  character  reference
submitted  in  his  behalf,  as  well  as  the  absence  of  any  derogatory
involvement with civil authorities.  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, we recommend the  applicant’s  characterization
of service be upgraded to honorable on the basis of clemency.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT,  be  corrected  to  show  that  on  20 December 1943  he  was
honorably discharged and issued an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-1981-
02511 in Executive Session on 11 January 2005, under the provisions  of  AFI
36-2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Mr. Patrick C. Daugherty, Member
      Mrs. Barbara R. Murray, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit D.  Record of Proceedings, dated 22 Feb 82.
     Exhibit E.  Reconsideration Requests, dated 6 May 82 and
                 9 July 2004, w/atchs.
     Exhibit F.  DD Form 149, dated 12 Sep 04, w/atchs.
     Exhibit G.  Letter, HQ AFPC/DPPRS, dated 4 Oct 04.
     Exhibit H.  Letter, SAF/MRBR, dated 8 Oct 04.
     Exhibit I.  Letter, Applicant, dated 17 Oct 04, w/atchs.
     Exhibit J.  FBI Report of Investigation, dated 6 Dec 04.




                                   GREGORY H. PETKOFF
                                   Panel Chair



AFBCMR BC-1981-02511




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 XXXXXXX, be corrected to show that on 20 December 1943 he was
honorably discharged and issued an Honorable Discharge Certificate.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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