SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-1991-01020
COUNSEL: None
HEARING DESIRED: NOT INDICATED
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable.
________________________________________________________________
_
STATEMENT OF FACTS:
On 2 November 1951, the applicant enlisted in the Regular Air
Force at the age of 17 in the grade of airman basic (E-1). On
17 September 1952, he was tried by special court-martial for a
charge for failure to go to his appointed place of duty and
disobedience of a lawful order. Following pleas of not guilty,
the court found him guilty and sentenced him to a BCD,
confinement at hard labor for six months, and forfeiture of $55
per month for six months. On 14 February 1953, the applicant
was discharged under the provisions of Air Force Regulation
(AFR) 39-18, Special Court-Martial Order 91, with a BCD. He
served 7 months and 25 days on active duty with 228 days of lost
time.
On 6 August 1991 and 23 October 2003, the Board considered and
denied the applicants requests to upgrade his BCD to an
honorable discharge. 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 H and the Addendum to Record of
Proceedings at Exhibit J.
On 28 July 2005 and 26 August 2010, the Board considered and
denied the applicants request for reconsideration of his appeal
based on no new relevant evidence to support his requests.
On 2 April 2013, the applicant submitted a request for
reconsideration of his appeal to change his BCD to an honorable
discharge.
In support of his appeal, the applicant provides as evidence
personal statements, military records, birth certificate,
adoption documents, several character references, and several
newspaper articles.
The applicants complete submission, with attachments, is at
Exhibit K.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. In earlier findings, the Board determined there was
insufficient evidence to warrant an upgrade of the applicants
discharge based on clemency. 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 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 AFBCMR Docket
Number BC-1991-01020 in Executive Session on 12 February 2014,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-1991-01020:
Exhibit H. ROP, dated 15 Aug 91, w/Exhibits A through G.
Exhibit J. Addendum to ROP, dated 2 Dec 03, w/Exhibit I.
Exhibit K. Letter, Applicant, dated 2 Apr 13, w/atchs.
Panel Chair
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