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AF | BCMR | CY2006 | BC-1993-02122B
Original file (BC-1993-02122B.doc) Auto-classification: Approved




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


IN THE MATTER OF:                       DOCKET NUMBER:  BC-1993-02122
                                             INDEX CODE:  106.00, 110.02
                                             COUNSEL:  None

                                             HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the  applicant’s  request  for  reconsideration,  he  requests  his  1980
general discharge be upgraded to honorable and the reason for  discharge  be
changed.

_________________________________________________________________

STATEMENT OF FACTS:

On 8 Mar 94, an earlier Panel denied, on  the  basis  of  untimeliness,  the
applicant’s original request to have his 1980 general discharge upgraded  to
an honorable discharge, his narrative reason amended, and  his  reenlistment
eligibility (RE) code changed to allow immediate reenlistment.

An accounting of the facts and  circumstances  surrounding  the  applicant’s
separation and the rationale of the original Board’s  decision  is  provided
in the Record of Proceedings (ROP) at Exhibit E.

On 31 Aug 05, this Board  reconsidered  and  again  denied  the  applicant’s
appeal  for  an  honorable  discharge  and  an  amended  narrative   reason,
concluding  the  post-service  information  he  provided  was   meager   and
insufficient to overcome his misconduct while in the service and,  according
to the FBI report, his continued misbehavior after his discharge.

An Addendum ROP (AROP) containing the rationale of the Board’s  decision  is
provided at Exhibit K.

The applicant submits  additional  evidence  in  the  form  of  a  character
reference he had included in  his  last  appeal,  and  statements  from  two
friends, a reverend, and an employer he has worked for  over  the  last  two
years.  He requests that the Board again reconsider his application.

The applicant’s complete submission, with attachments, is at Exhibit L.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After careful review, the majority of the  Board  remains  unconvinced  that
the applicant’s 1980 general discharge for misconduct should be upgraded  to
honorable and the narrative reason for separation  changed.   The  applicant
was given opportunities for rehabilitation  while  he  was  in  the  service
through various disciplinary actions  and  his  two-time  placement  in  the
Alcohol  Abuse  Rehabilitation  Program.   Based  on  the  FBI  report,  his
misconduct continued after his discharge.  In  this  latest  submission,  he
rationalizes  the  intoxicated-while-driving  incidents  and  the   domestic
violence episode indicated in the FBI report.  The applicant has been  given
opportunities to provide post-service information.  In  his  latest  request
for  reconsideration,  he  provides  the  same  employer  reference  he  had
submitted previously, a reference from another  employer  for  whom  he  has
worked for approximately two years,  statements  from  two  friends,  and  a
reference from a chaplain who has known him for three years.   However,  the
Board majority still finds the  totality  of  the  applicant’s  post-service
submissions sparse and limited to primarily the last three years.  He  makes
many assertions about his situation, but the majority is not  persuaded  his
character has been rehabilitated and his conduct improved to a  degree  that
supports upgrading his discharge characterization and  amending  the  reason
for  his  separation.   Therefore,  the  majority  of  the  Board  finds  no
compelling basis to overturn its previous decision.

______________________________________________________________

RECOMMENDATION OF THE BOARD:

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 this application in  Executive
Session on 12 January 2006, under the provisions of AFI 36-2603:

            Mr. Charles E. Bennett, Panel Chair
            Mr. Wayne R. Gracie, Member
            Ms. Renee M. Collier, Member

By a majority vote, the Board recommended denial of  the  application.   Mr.
Gracie voted to grant the appeal, but does not wish  to  submit  a  Minority
Report. The following documentary evidence pertaining to  BC-1993-02122  was
considered:

      Exhibit K.  AROP, dated 14 Sep 05, w/atchs.
      Exhibit L.  Letter, Applicant, dated 10 Nov 05, w/atchs.




                                   CHARLES E. BENNETT
                                   Panel Chair
AFBCMR BC-1993-02122



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

SUBJECT:  AFBCMR Application of

      On March 8, 1994, the Board denied the applicant’s original
appeal to upgrade his 1980 general discharge (for Misconduct-Frequent
Involvement of a Discreditable Nature) as untimely.  On August 31,
2005, the Board denied the applicant’s request for an honorable
discharge and a different narrative reason for discharge, concluding
the post-service information he provided was too meager to overcome
his misconduct that occurred in the service and, based on the FBI
Report, continued after his separation.

      The applicant provided additional post-service information on
November 10, 2005, and again requested reconsideration of his case.
In Executive Session on January 12, 2006, a majority of the Board
remained unpersuaded by the applicant’s latest submission that he had
become a fully rehabilitated citizen.

      After careful review of the evidence of record and the character
references provided, I agree with the minority member’s recommendation
to grant.  The applicant’s misconduct as an enlisted member appears to
have been the result of a drinking problem, which apparently continued
after his separation until around January 1996, based on the last
entry on the FBI Report.  The applicant has not established that an
error or an injustice occurred with respect to his discharge process,
and I do not condone his transgressions both in and out of the
service.  However, his military offenses were of a relatively minor
nature and, after the last incident in January 1996, he appears to
have been a law-abiding citizen.  I believe the applicant is sincerely
trying to turn his life around and his difficulties in finding
appropriate employment may be mitigated with an honorable discharge,
which in turn could further his rehabilitation.

      Therefore, on the basis of clemency, I am inclined to give this
applicant the benefit of the doubt by upgrading his discharge to
honorable.  I further direct that the narrative reason for his
separation be changed to “Discharge directed by the Secretary of the
Air Force,” with a separation program designator code of “JFF.”




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency



AFBCMR BC-1993-02122


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    , be corrected to show  that,  on  9  October  1980,  he  was
honorably discharged and furnished an Honorable Discharge  certificate,  and
the  narrative  reason  for  separation  was  “Discharge  Directed  by   the
Secretary of the  Air  Force,”  and  he  was  issued  a  separation  program
designator code of “JFF.”




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency

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