ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1993-06576
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to Honorable.
________________________________________________________________
RESUME OF CASE:
On 23 Mar 94, the Board considered and denied the applicants request for an upgrade of his BCD to General (Under Honorable Conditions). In the initial case, the applicant indicated he was initially supposed to receive a General (Under Honorable Conditions) discharge as the basis for his request. For an accounting of the facts and circumstances surrounding the applicants discharge, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit E.
In a new DD Form 149, dated 17 Jun 09 (Exhibit F), the applicant requests reconsideration based on his contention the discharge was unjust because the punishment was disproportionate to the offense. He was only accused of purchasing more than the normal ration of electronics through the commissary on the base. He was made an example of for the base; no one had ever received a BCD or court martial. He was young and naïve when he was in the military and had a lot of personal problems. He was involved with the wrong crowd and was the victim of circumstances. He deserves a second chance and truly feels he should at least receive a General (Under Honorable Conditions) discharge.
Pursuant to the Boards request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit G.
A request for post-service information was forwarded to the applicant on 5 Feb 10 (Exhibit H). In response, the applicant provides an expanded statement describing the circumstances leading up to his BCD and his activities subsequent to leaving the service (Exhibit I).
A copy of the Investigative Report was forwarded to the applicant on 19 May 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit J).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After again reviewing this application and the evidence provided in support of his appeal, we remain unconvinced the applicant has been a victim of an error or injustice. We have previously determined the applicants BCD, which was the sentence he received following conviction by special court-martial for being absent without leave (AWOL) and purchasing duty-free items in excess of amounts authorized by regulations, was neither improper nor excessive. While the applicants contentions are duly noted, his latest submission has not persuaded us otherwise. Further, we remain unconvinced the seriousness of his misconduct has been overcome by his post-service activities. Therefore, we are not compelled at this time to upgrade his BCD on the basis of clemency.
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 probable material error or injustice; 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-1993-06576 in Executive Session on 17 Jun 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-1993-06576 was considered:
Exhibit E. Record of Proceedings, dated 23 Mar 94,
with Exhibits A through D.
Exhibit F. DD Form 149, dated 17 Jun 09.
Exhibit G. FBI Report.
Exhibit H. Letter, AFBCMR, dated 5 Feb 10, w/atch.
Exhibit I. Letter, Applicant, undated.
Exhibit J. Letter, AFBCMR, dated 19 May 10.
Panel Chair
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