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AF | BCMR | CY2007 | BC200603543
Original file (BC200603543.doc) Auto-classification: Approved


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


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03543
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he again requests his  under
honorable conditions (general) discharge be upgraded to honorable.

________________________________________________________________

STATEMENT OF FACTS:

The applicant was discharged with a  general  (under  honorable  conditions)
discharge  on  15  October  1985  because  of   misconduct-pattern   conduct
prejudicial to good order and discipline.  An RE-2B was  assigned.   At  the
time of his separation, he was credited with 3 years, 10 months and 13  days
of active duty service.

On 25 January 2007, the applicant’s request that his discharge  be  upgraded
to  honorable  was  considered  and  denied  by  the  Air  Force  Board  for
Correction of Military Records (AFBCMR).  A complete copy of the  Record  of
Proceedings is attached at Exhibit F.

The applicant  submitted  an  application  dated  23  February  2007,  again
requesting that  his  under  honorable  conditions  (general)  discharge  be
upgraded to honorable.  In support of his request, he  provided  a  personal
statement, a copy of his DD Form 214, a copy of his request  for  waiver,  a
three character  references.  The  applicant’s  complete  submission  is  at
Exhibit G.

________________________________________________________________


THE BOARD CONCLUDES THAT:

1.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error  or  injustice  warranting  an  upgrade  of  his
discharge based on clemency.  We  again  find  no  error  in  the  discharge
action taken against the applicant.  However, consideration  of  this  Board
is not limited to the events which precipitated the discharge.   We  have  a
Congressional mandate which permits consideration of  other  factors;  e.g.,
applicant's background, the overall quality  of  service,  and  post-service
activities and accomplishments.   Further,  we  may  base  our  decision  on
matters of inequity and clemency rather than simply  on  whether  rules  and
regulations which existed at  the  time  were  followed.   This  is  a  much
broader  consideration  than  officials  involved  in  the  discharge   were
permitted, and our decision in no way discredits the validity of theirs.

2.    Under our broader mandate and after careful consideration of  all  the
facts  and  circumstances  of  applicant's  case,  we  are  persuaded   that
applicant has overcome the behavioral traits  which  led  to  the  contested
discharge and has been a productive member of  society.   We  recognize  the
adverse impact of the discharge applicant received; and, while it  may  have
been appropriate at the time, we  believe  it  would  be  an  injustice  for
applicant to continue to suffer its  effects.   Accordingly,  we  find  that
corrective action is appropriate as a matter of equity and on the  basis  of
clemency.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to BARRY P. ROBINSON, 427-17-1749, be corrected to show that on  15  October
1985, he was honorably  discharged  and  furnished  an  Honorable  Discharge
certificate.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 22 March 2007, under the provisions of AFI 36-2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Garry G. Sauner, Member
                       Mr. James A. Wolffe, Member

The following documentary evidence was considered:

      Exhibit F. Record of Proceedings, dated 7 Feb 07, w/atchs.
      Exhibit G. Applicant’s Application, dated 23 Feb 07, w/atchs.




                                MICHAEL J. NOVEL
                                Panel Chair





AFBCMR BC-2006-03543




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 15 October 1985, he was
honorably discharged and furnished an Honorable Discharge certificate.





                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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