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

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00364

XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

XXX-XX-XXXX	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

STATEMENT OF FACTS:

On 8 May 2003, the Board considered applicant’s request that his general discharge be upgraded to honorable and his benefits under the Veterans Educational Assistance Program (VEAP) be restored.  The Board found insufficient evidence of an error or injustice and denied the application.  For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit E.

In letters, dated 18 and 27 January 2004, applicant requests reconsideration of his request to have his discharge upgraded and provides additional documentation.  The applicant’s complete submissions are at Exhibits F and G.

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided an FBI Identification Record that is at Exhibit I.  Applicant reviewed the FBI Identification Record and provided a response that is at Exhibit J.

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THE BOARD CONCLUDES THAT:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After thoroughly reviewing the evidence of record and the additional documentation submitted by applicant, a majority of the Board is not persuaded that he has been the victim of an error or injustice.  A majority of the Board also finds insufficient evidence to warrant a recommendation that applicant’s discharge be upgraded on the basis of clemency.  In this regard, the Board considered the applicant’s overall quality of service, the events that precipitated the discharge, his post-service activities and accomplishments, and his involvement with civil authorities.  On balance, a majority of the Board does not believe that clemency is warranted.

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number BC-2003-00364 on 23 September 2004, under the provisions of AFI 36-2603:

				Chair
				Member
				Member

By majority vote, the Board recommended denial of the application.  XXXXX voted to correct the records and has submitted a minority report which is at Exhibit J.  The following documentary evidence was considered:

    Exhibit E.  Record of Proceedings, dated 8 Dec 03, w/atchs.
    Exhibit F.  Letter, Applicant, dated 18 Jan 04, w/atchs.
    Exhibit G.  Letter, Applicant, dated 27 Jan 04, w/atch.
    Exhibit H.  Letter, AFBCMR, dated 20 Apr 04.
    Exhibit I.  FBI Identification Record.
    Exhibit J.  Letter, Applicant, dated 22 May 04.
    Exhibit K.  Minority Report, dated 14 Oct 04.

                                   
                                   Chair

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

SUBJECT:	AFBCMR Application of XXXXX, XXX-XX-XXXX

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

							
							Director
							Air Force Review Boards Agency

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

SUBJECT:  XXXXX, DOCKET NO: BC-2003-00364

	After considering the applicant’s overall quality of service, the events which precipitated the discharge, and the evidence related to his post-service activities and accomplishments, my fellow Board members do not believe applicant’s discharge should be upgraded based on clemency.  I disagree.

	Applicant has provided documentation relating to his post-service activities that indicates he has obtained his California state contractors license, attended community college, and participated in an Alcoholics Anonymous group.  He also provides a number of letters of recommendation attesting to his character and standing in the community.   Although he does have a 2002 conviction for child stealing, he has indicated that his actions were taken in the best interest of his daughter and since that time, he has reconciled with his daughter’s mother and is frequently afforded unsupervised visitation with her.  Based on a totality of the evidence presented and since the events leading to his discharge were alcohol related, I believe that he has turned his life around and should be given the opportunity to enlist in the Army National Guard, as he so desires.  Clearly, this is the type of case Congress intended in its mandate to the Board to consider other factors; e.g., applicant’s background, the overall quality of service, and post-service activities and accomplishments.  I recognize the adverse impact of the discharge he received; and, while it may have been appropriate at the time, I believe it would be an injustice for him to continue to suffer its effects.

	In view of the above, and in consideration of applicant’s sobriety, I recommend his discharge be upgraded to honorable on the basis of clemency.

							
							Member