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AF | BCMR | CY2006 | BC-1999-03347
Original file (BC-1999-03347 .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-1999-03347-3
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His  Under  Other  Than  Honorable  Conditions  (UOTHC)  discharge  be
upgraded to a general discharge.

________________________________________________________________

STATEMENT OF FACTS:

The applicant received a UOTHC discharge on 14  December  1983  for  a
Pattern  of  Discreditable  Involvement   with   Military   or   Civil
Authorities after 1 year, 7 months, and 25 days on active duty.

On 6 September 2005, the applicant was invited to provide more  recent
records pertaining to his medical condition and information pertaining
to his activities since leaving the service (Exhibit H).

The applicant’s request was considered and again  denied  by  the  Air
Force Board for Correction of Military Records (AFBCMR) on 28 February
2006 (Exhibit I).

On 10 April  2006,  the  applicant  submitted  a  request  asking  for
forgiveness and clemency, and again requesting that his  discharge  be
upgraded.  To support  this  assertion,  the  applicant  provided  two
psychiatric evaluations.  The applicant’s  complete  submission,  with
attachments, are at Exhibit J.

________________________________________________________________

THE BOARD CONCLUDES THAT:

The Board finds no impropriety in the characterization of  applicant’s
discharge.  It appears that responsible officials applied  appropriate
standards in effecting the separation, and we do not  find  persuasive
evidence that pertinent regulations were violated  or  that  applicant
was not afforded all the rights to  which  entitled  at  the  time  of
discharge.   The  Board  concludes,  therefore,  that  the   discharge
proceedings were proper and  characterization  of  the  discharge  was
appropriate to the existing circumstances.

The majority of the Board 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.

________________________________________________________________

RECOMMENDATION OF THE BOARD:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 July 2006, under the  provisions  of  AFI  36-
2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. Rita S. Looney, Member
            Mr. Michael J. Novel, Member

By a majority vote, the Board recommended denial of  the  application.
Mr. Michael J. Novel voted to upgrade the discharge to general,  under
honorable conditions but does not desire to submit a Minority  Report.
The following documentary evidence was considered:

      Exhibit H. Letter, AFBCMR, dated 6 Sep 05.
      Exhibit I. Record of Proceedings, dated 31 Mar 05,
              w/atchs.
      Exhibit J. Applicant’s Letter, dated 10 Apr 06, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair




AFBCMR BC-1999-03347



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

SUBJECT:  AFBCMR Application of APPLICANT

      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 Under Other Than Honorable Conditions (UOTHC) discharge to general
should be granted.

      The applicant’s UOTHC discharge may have been appropriate for the
circumstances at the time.  However, I note he has lived with the character
of discharge for over 22 years with all its adverse effect upon gainful
employment.  I do not condone the behavior that led to his UOTHC discharge.
 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.  In arriving at my decision, I note that the series of somewhat
minor incidents could have been attributed to his apparent alcohol
addiction at that time.





                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency


AFBCMR BC-1999-03347



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 14 December 1983, he
was discharged with service characterized as general (under honorable
conditions).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



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