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


IN THE MATTER OF: 	DOCKET NUMBER: BC-2000-00348

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded to a General 
Discharge.


RESUME OF CASE:

On 9 Aug 00, the Board considered and denied the applicant’s 
original request to correct his records.  In the original case, 
the applicant contended the evidence against him was obtained in 
violation of his Fourth Amendment rights and that the punishment 
was too severe when compared to other cases.  For an accounting 
of the facts and circumstances surrounding the applicant’s 
original request and the rationale of the earlier decision by 
the Board, see the Record of Proceedings (ROP) at Exhibit E.

By virtue of a DD Form 149, Application for Correction of 
Military Record, dated 10 Mar 14, the applicant requested 
reconsideration of the Board’s previous decision.  

A request for post-service information was forwarded to the 
applicant by SAF/MRBR for review and response within 30 days.  
In response, the applicant provides supporting statements and 
criminal background reports.  The applicant acknowledges that 
the decision to ingest a controlled substance was his own and 
humbly requests the Board’s reconsideration (Exhibit G).

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


THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided 
in support of his request, we remain unconvinced the applicant 
has been a victim of an error or injustice.  We have previously 
determined the applicant’s Bad Conduct Discharge (BCD), which 
was part of the sentence he received following conviction by a 
court-martial was proper and in compliance with the requirements 
of the UCMJ.  While the applicant’s contentions are duly noted, 
his latest submission has not persuaded us otherwise.  
Notwithstanding the above, in the interest of justice, we 
considered upgrading the discharge based on clemency; however, 
we do not find the evidence presented is sufficient for us to 
conclude that the applicant’s post-service activities overcome 
the misconduct for which he was discharged.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.


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 reconsidered AFBCMR Docket 
Number BC-2000-00348 in Executive Session on 18 Dec 14, under 
the provisions of AFI 36-2603:

	
The following documentary evidence was considered:

	Exhibit E.  Record of Proceedings, undated.
	Exhibit F.  DD Form 149, dated 10 Mar 14, w/atch.
	Exhibit G.  Letter, Applicant, undated, w/atchs.