SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1986-04163
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on
23 Apr 87. For an accounting of the facts and circumstances
surrounding his request, and the rationale for the earlier
decision by the Board, see the Record of Proceedings, with
attachments, at Exhibit H.
On 4 Apr 88, the applicant's request was reconsidered and denied
by the Board. The facts and circumstances surrounding his
request, and the rationale for the Board's decision are contained
in the Addendum to the Record of Proceedings with attachments
(Exhibit I).
On 28 Jul 08, the applicant again requested his discharge be
upgraded. On 13 Aug 09, the Board staff informed the applicant
his request did not meet the criteria for reconsideration
(Exhibit K).
On 4 May 09, the applicant submitted a request for
reconsideration of his request to have his general discharge
upgraded to honorable. He states the incident which was the
basis for his discharge was due to the trauma of being sexually
assaulted while on active duty. On 7 Jul 09, the Board staff
informed the applicant that his request did not meet the criteria
for reconsideration (Exhibit J).
On 4 Sep 09, in his most recent submission, the applicant
provided a rating decision from the Department of Veterans
Affairs (DVA) dated 17 Nov 06 and a Board certified Psychiatrist
evaluation diagnosing him with Post Traumatic Stress Disorder
(PTSD). His complete submission, with attachment, is at Exhibit
L.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board has determined there was
insufficient evidence to warrant any corrective action. After
reviewing the complete evidence of record and the documentation
submitted as new evidence, we again find no basis to grant the
requested relief. We note the documentation provided gives
support to the applicant's assertion of being sexually assaulted
in August 1980; and that this attack is the cause of his PTSD
which led to his disciplinary infractions which ultimately led to
his general discharge. However, the documentation provided is
the author's interpretation of the incident as told by the
applicant and his record is absent of such incident. The reasons
for his discharge are well documented in his record. Therefore,
in the absence of evidence to indicate the information contained
in his records is erroneous, his substantial rights were
violated, or his commander abused his discretionary authority, we
conclude that no basis exists upon which to recommend favorable
consideration of the applicant's request.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-1986-04163 in Executive Session on 8 Oct 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit H. Record of Proceedings, dated 6 Jul 87, w/Exhibits.
Exhibit I. Addendum to the ROP, dated 15 Apr 88, w/ Exhibits.
Exhibit J. Letter, SAF/MRBC, dated 7 Jul 09.
Exhibit K. Letter, SAF/MRBC, dated 13 Aug 09.
Exhibit L. Applicant's Reconsideration Request, dated
4 Sep 09.
Panel Chair
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