ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1990-02737
INDEX CODE: 131.03
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His dishonorable discharge be upgraded in order for him to receive Department of Veterans Affairs (DVA) benefits.
_________________________________________________________________
RESUME OF CASE:
A similar appeal was considered and denied by the Board on 31 July 1991. His request for reconsideration was considered and denied on 15 April 1997. For an accounting of the facts and circumstances surrounding the applicants separation; and, the rationale of the earlier decisions by the Board, see the Record of Proceedings (ROP) at Exhibit F and Addendum to ROP at Exhibit J.
On 16 October 2008, the applicant submitted another request for reconsideration. In support of his request, he submits DVA documentation and a verification letter from a retired Air Force colonel.
The applicants complete submission, with attachments, is at Exhibit K.
Pursuant to the Boards request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant. On 20 August 2009, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days (Exhibit L).
On 31 August 2009, the applicant was given the opportunity to submit comments about his post service activities (Exhibit M). The applicant responded with a personal statement asking the Board to consider his documented medical shortcomings while in the service and explaining what he is now doing with his life (Exhibit N).
_________________________________________________________________
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. After again reviewing this application and the evidence provided in support of his appeal, we remain unpersuaded that the applicants characterization of discharge should be upgraded. We carefully considered the statement provided by the applicant and the provided DVA documentation; however, we do not find it sufficient to overturn our earlier decision. Accordingly, we again find no basis to act favorably on his request.
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered this application in Executive Session on 4 February 2010, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-1990-02737:
Exhibit F. ROP, dtd 9 Sep 91, w/Exhibits A through E.
Exhibit J. Addendum to ROP, dtd 8 May 97, w/Exhibits G through I.
Exhibit K. DD Form 149, dtd 16 Oct 08, w/atchs.
Exhibit L. Letter, AFBCMR, dtd 20 Aug 09, w/atch.
Exhibit M. Letter, AFBCMR, dtd 31 Aug 09, w/FBI Report.
Exhibit N. Letter, Applicant, dtd 15 Sep 09, w/atch.
Panel Chair
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