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

IN THE MATTER OF: 	DOCKET NUMBER: BC-1984-00192
					COUNSEL:  NONE
		HEARING DESIRED:  YES 


APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to 
honorable.


STATEMENT OF FACTS:

On 24 Apr 84, the Board considered and denied the applicant’s 
request to upgrade his general (under honorable conditions) 
discharge to honorable.  For an accounting of the facts 
surrounding his previous request and the rationale of the Board’s 
earlier decision, see the Record of Proceedings at Exhibit E.

By DD Form 149, Application for Correction of Military Record 
Under the Provisions of Title 10 U.S. Code, Section 1552, dated 
4 Jul 86, the applicant requested his general (under honorable 
conditions) discharge be upgraded and his RE code be changed.  On 
22 Aug 86, the applicant was advised that his request did not meet 
the criterion for reconsideration by the Board.  

By DD Form 149, dated 15 Apr 14, the applicant submitted another 
request for reconsideration.  In this request, the applicant 
states that on 16 May 77, pursuant to his request for executive 
clemency, his civil court conviction (9 May 77) for distribution 
of marijuana was dismissed with prejudice and he was ordered to 
pay a $500 fine.  On this same date, the Governor’s Pardon and 
Parole committee, and the Secretary of the Corrections Department, 
granted him a full pardon and restoration of rights by the state 
of New Mexico, the issuance of a concealed handgun license, and 
Global Entry Status was granted by the Ombudsman Office of the 
Department of Homeland Security.    

In support of his request for clemency, the applicant provides a 
personal statement, copies of his DD Form 214, Report of 
Separation from Active Duty, Certificate of Pardon and Restoration 
of Citizenship certificate, court order, memorandums, and various 
other documents in support of his request.  

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



THE BOARD CONCLUDES THAT:

1.  In an earlier finding, the Board determined that there was 
insufficient evidence to warrant any corrective action regarding 
the applicant’s request for upgrade of his general (under 
honorable conditions) discharge to honorable.  After careful 
reconsideration of his request and thoroughly reviewing his most 
recent submission, we do not find it sufficiently persuasive to 
warrant a revision of the Board’s earlier determination in this 
case.  In the interest of justice we considered upgrading the 
discharge based on clemency; however, we do not find the evidence 
presented, to include the governor’s pardon or that he was issued 
a concealed handgun license sufficient to recommend granting the 
relief sought on that basis.  Accordingly, we find no basis to act 
favorable on his request for upgrade of his general (under 
honorable conditions) discharge.

2.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel will 
materially add to our understanding of the issue(s) involved.  
Therefore, the request for a hearing is not favorably considered.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket Number 
BC-1984-00192 in Executive Session on 12 Mar 15, under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit E.  Record of Proceedings, dated 21 Oct 70, w/atch.  
	Exhibit F.  DD Form 149, dated 15 Apr 14, w/atchs.