SECOND
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1984-00027
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to general (under
honorable conditions).
STATEMENT OF FACTS:
On 19 October 1984 and 5 January 2011, the Board considered and
denied the applicants appeal for an upgrade of his discharge.
For an accounting of the facts and circumstances surrounding the
applicants appeal and the rationale of the earlier decision by
the Board, see the Addendum to Record of Proceedings, with
attachments, at Exhibit K.
In an application dated 14 November 2013, the applicant requests
reconsideration based on clemency not for any great or
particular meritorious post-service accomplishments, although he
has been involved in community service. He states that his bad
conduct discharge is questionable due to his mental state. He
was diagnosed with psychological disorders but neither afforded
nor offered treatment.
Many decades ago, he abandoned his reckless behavior and is
remorseful over past transgressions. He has not been convicted
of any crime since 1968. As for personality disorders of the
past, current psychiatric examinations indicate that although
still suffering from anxiety, he has overcome personality
disorders diagnosed in the military during the 1960's.
Even after serving time in the U.S. Disciplinary Barracks at
Fort Leavenworth, he still attempted to serve his country by
volunteering for the return to duty program.
He makes no claim of great service to the military. At the time
of his military conviction, the court probably did the most
expedient thing in sentencing him to prison and a discharge from
service. However, he asks the Board to view acts which the
military valued enough to award a medal for, coupled with
evidence of mental illness at the time of offense. The BCD has
had an immensely negative impact for such a tremendous length of
time (forty-six years).
In support of the applicants appeal, he provides a personal
statement, medical documentation, documents extracted from his
military personnel records and other documentation.
The applicants complete submission, with attachments, is at
Exhibit L.
THE BOARD CONCLUDES THAT:
1. In earlier findings, the Board determined there was
insufficient evidence to warrant any corrective action. 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 applicants 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.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-1984-00027 in Executive Session on 22 May 2013, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit K. Addendum to Record of Proceedings,
dated 18 January 2011, w/atchs.
Exhibit L. DD Form 149, dated 14 November 2013, w/atchs.
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