THIRD ADDENDUM
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1991-01020
COUNSEL: NONE
HEARING DESIRED: YES
RESUME OF CASE:
His bad conduct discharge (BCD) be upgraded to a general
discharge.
RESUME OF THE CASE:
On 6 August 1991 and 23 October 2003, the Board considered and
denied the applicants requests to upgrade his BCD to an
honorable discharge. After a thorough review of the evidence of
record and the applicants complete submissions, the Board was
not convinced that it would be in the interest of justice to
upgrade the applicants discharge on the basis of clemency. 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 2 April 2013, the applicant submitted a request for
reconsideration of his appeal to change his BCD to an honorable
discharge. After a thorough review of the evidence the applicant
submitted in support of his request for reconsideration and
determined that it was not sufficient to overcome the rationale
expressed in the Boards previous decisions. Therefore, on 12
Feb 14, the Board again denied the applicants request. For a
complete accounting of the facts and circumstances surrounding
the Boards consideration of the applicants request for
reconsideration, see the Second Addendum Record of Proceedings
(ROP) at Exhibit L.
On 23 May 14, the applicant once again submitted request for
reconsideration of his appeal to change his BCD to a general
discharge. In support of his instant request, the applicant
provided evidence copy of his appeal to the Board of Veterans
Appeals decision denying his request for an entitlement to VA
home loan guaranty benefits from the Department of Veterans
Affairs (DVA) on 25 Sep 13.
The applicants complete submission, with attachments, is at
Exhibit M.
THE BOARD CONCLUDES THAT:
We have thoroughly reviewed the evidence of record and
considered the weight and relevance of the additional
documentation provided by the applicant, and whether or not it
was discoverable at the time of any previous application. While
we find the additional documentation new, we are not convinced
the documentation related to the denial of the applicants
request for benefits by the Department of Veterans Affairs (DVA)
is relevant to our previous consideration of the applicants
request for an upgrade to his discharge. As the applicant has
been previously advised, reconsideration is provided only where
newly discovered relevant evidence if presented which was not
available when the application was submitted. Further, the
reiteration of facts we have previously addressed,
uncorroborated personal observations, or additional arguments on
the evidence of record are not adequate grounds for reopening a
case. Therefore, in view of the above and in the absence of new
and relevant evidence, we find no basis to reconsider the
applicants request.
THE BOARD DETERMINES THAT:
The applicant be notified the additional evidence presented did
not meet the criteria for reconsideration by the Board; 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-1991-01020 in Executive Session on 16 Apr 2015, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-1991-01020 was considered:
Exhibit L. Second Addendum to ROP, dated 12 Feb 14, w/atchs.
Exhibit M. Letter, Applicant, dated 23 May 14, w/atchs.
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