ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1983-01975
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded to honorable.
_________________________________________________________________
STATEMENT OF FACTS:
On 8 Sep 83, the Board considered and denied a similar appeal submitted by the applicant. For an accounting of the facts and circumstances surrounding the applicants request, and the rationale of the earlier decision of the Board, see the Record of Proceedings at Exhibit G.
In a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, the applicant states he realizes his mistakes of the past and he has led an honest and productive life for the past 30 years. He desires the upgrade so that his veteran benefits can be restored and he can use one of the benefits to help pay for his college education.
In support of his appeal, the applicant provides a resume and website addresses of his companies.
The applicants complete submission is at Exhibit H.
Pursuant to the Boards request, the Federal Bureau of Investigation (FBI) provided an investigative report which is at Exhibit I. A copy of the report and a request for post service information was forwarded to the applicant on 2 Dec 09 (Exhibit J).
In response to the Boards request, the applicant provides personal statements, character letters, resume, and a State of New York Certificate of Relief from Disabilities.
The applicants complete response is at Exhibit K.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After reviewing the previous evidence of record and noting the additional documentation submitted, we are not persuaded the applicants request should be granted. While the applicant has provided evidence of an apparent successful post-service adjustment, we do not believe clemency is warranted at this time given the seriousness of his offense, i.e., the sale of illegal substances. We do not believe a sufficient period of time has elapsed since the applicant's discharge. Therefore, we find no basis to recommend the requested relief be granted.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the additional evidence presented did not meet the criteria for reconsideration by the Board; and that 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 the applicants request for reconsideration of AFBCMR Docket Number 1983-01975 in Executive Session on 25 May 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit G. Record of Proceedings, undated, w/atchs.
Exhibit H. DD Form 293, dated 20 Jul 09, w/atchs.
Exhibit I. FBI Report.
Exhibit J. Letter, AFBCMR, dated 2 Dec 09, w/atchs.
Exhibit K. Letter, Applicant, dated 26 Dec 09, w/atchs.
Panel Chair
AF | BCMR | CY2004 | BC-1983-01854A
Exhibit F. Letter, AFMPC/DPMARS2, dated 0 May 86. Exhibit J. Exhibit O.
AF | BCMR | CY1990 | BC 1990 02737 2
On 20 August 2009, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days (Exhibit L). _________________________________________________________________ THE BOARD CONCLUDES THAT: In earlier findings, the Board determined that there was insufficient evidence to warrant correcting the records to upgrade the applicants discharge. _________________________________________________________________ The following members of the Board considered this...
AF | BCMR | CY1998 | BC 1998 02318
For a complete description of the facts and circumstances of the case and the Boards rationale for its original decision, see the Record of Proceedings at Exhibit F. On 7 Aug 07, the Board denied the applicants 28 Dec 06 request for reconsideration (Exhibit G) as his submission did not meet the criteria for reconsideration in that he provided no new or relevant evidence in support of his request. On 15 Jun 09, the Board considered and denied the applicants second reconsideration request...
AF | BCMR | CY2006 | BC 2006 00086 2
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00086 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to an Honorable discharge. For an accounting of the facts and circumstances surrounding the applicants original request and rationale for the earlier decision by the board, see the Record of Proceedings (ROP) at Exhibit G. On 5 Mar 14, the...
AF | BCMR | CY2008 | BC-2007-02383
For an accounting of the facts and circumstances surrounding both the AFDRB and AFBCMR decisions, and the rationale of the earlier decisions, see the Record of Proceedings (ROP) at Exhibit E. Subsequent to the AFBCMR decision, the applicant’s sister, having been appointed conservator of his estate, has submitted an application on behalf of her brother, requesting reconsideration. __________________________________________________________________ The following members of the Board considered...
AF | BCMR | CY1993 | BC 1993 06576
________________________________________________________________ RESUME OF CASE: On 23 Mar 94, the Board considered and denied the applicants request for an upgrade of his BCD to General (Under Honorable Conditions). After again reviewing this application and the evidence provided in support of his appeal, we remain unconvinced the applicant has been a victim of an error or injustice. ________________________________________________________________ The following members of the Board...
AF | BCMR | CY2009 | BC-2009-00520
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00520 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. A finding of guilty was not required for discharge under the governing directive and the fact that her records were sealed after her discharge from military service does not negate the basis of the discharge action as it was applied at the time of...
AF | BCMR | CY2007 | BC-1988-01539-2
By letter dated, 9 Dec 76, the Air Force Discharge Review Board (AFDRB) notified the applicant that his discharge was upgraded to general (under honorable conditions). However, in view of the AFDRB’s earlier decision, and the contents of the FBI Report, we are unpersuaded that an upgrade of the characterization of his discharge to fully honorable, his RE code of 2, or his reason for separation is warranted. Letter, AFBCMR, dated 5 Dec 06.
AF | BCMR | CY2009 | BC-2008-02542
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS The commander informed the applicant of his rights, to include being represented by legal counsel and presenting his case to an administrative discharge board and, on 3 December 1987, he waived his right to present his case to an administrative discharge board, contingent on his receiving no less than a general discharge. The following members of the Board considered Docket Number BC-2008-02542 in Executive Session on 11 February 2009...
AF | BCMR | CY2010 | BC-2005-01255
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01255 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable based on the medical reason of Post-Traumatic Stress Disorder (PTSD). On 6 Feb 76, the Board considered and denied the applicant's request...