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

IN THE MATTER OF:			DOCKET NUMBERS:  BC-1991-01020
COUNSEL: None
	                 			HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT: 

His bad conduct discharge (BCD) be upgraded to honorable.  

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STATEMENT OF FACTS:

On 2 November 1951, the applicant enlisted in the Regular Air 
Force at the age of 17 in the grade of airman basic (E-1).  On 
17 September 1952, he was tried by special court-martial for a 
charge for failure to go to his appointed place of duty and 
disobedience of a lawful order.  Following pleas of not guilty, 
the court found him guilty and sentenced him to a BCD, 
confinement at hard labor for six months, and forfeiture of $55 
per month for six months.  On 14 February 1953, the applicant 
was discharged under the provisions of Air Force Regulation 
(AFR) 39-18, Special Court-Martial Order 91, with a BCD.  He 
served 7 months and 25 days on active duty with 228 days of lost 
time.  

On 6 August 1991 and 23 October 2003, the Board considered and 
denied the applicant’s requests to upgrade his BCD to an 
honorable discharge. For an accounting of the facts and 
circumstances surrounding the applicant’s separation; and, the 
rationale of the earlier decisions by the Board, see the Record 
of Proceedings (ROP) at Exhibit H and the Addendum to Record of 
Proceedings at Exhibit J.  

On 28 July 2005 and 26 August 2010, the Board considered and 
denied the applicant’s request for reconsideration of his appeal 
based on no new relevant evidence to support his requests.  

On 2 April 2013, the applicant submitted a request for 
reconsideration of his appeal to change his BCD to an honorable 
discharge. 

In support of his appeal, the applicant provides as evidence 
personal statements, military records, birth certificate, 
adoption documents, several character references, and several 
newspaper articles. 

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

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THE BOARD CONCLUDES THAT:

1. In earlier findings, the Board determined there was 
insufficient evidence to warrant an upgrade of the applicant’s 
discharge based on clemency.  After thoroughly reviewing the 
additional documentation submitted in support of this appeal and 
the evidence of record, we do not believe the applicant has 
overcome the rationale expressed in the previous decisions.  
Therefore, we do not find the additional evidence presented is 
sufficient to warrant the relief sought on that basis.  In the 
absence of evidence to the contrary, we find no basis upon which 
to recommend favorable consideration of the applicant’s request. 

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 issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of 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.

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The following members of the Board considered AFBCMR Docket 
Number BC-1991-01020 in Executive Session on 12 February 2014, 
under the provisions of AFI 36-2603:

			                    , Panel Chair
			                    , Member
			                    , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-1991-01020:

    Exhibit H.  ROP, dated 15 Aug 91, w/Exhibits A through G.
    Exhibit J.  Addendum to ROP, dated 2 Dec 03, w/Exhibit I.
    Exhibit K.  Letter, Applicant, dated 2 Apr 13, w/atchs.




								                         
								Panel Chair