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Decision Text

AF | BCMR | CY1993 | BC 1993 06022 1
Original file (BC 1993 06022 1.txt) Auto-classification: Denied
  INDEX CODE:  110.02 
His Bad Conduct Discharge (BCD) be upgraded to Honorable. 
On 8 Apr 94, the Board considered and denied the applicant’s request for an upgrade of his BCD.  In the initial case, the applicant claimed the BCD was based on an isolated incident without consideration of his excellent performance record prior to the incident.  He also claimed the court did not take into account the effects alcoholism had on his behavior or the psychological effects of an earlier three-year tour of duty in Korea.  For an accounting of the facts and circumstances surrounding the applicant’s discharge, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit F. 
In a new DD Form 149, dated 9 Sep 09, the applicant requests reconsideration based on clemency.  He contends the offense was committed by a co-conspirator who, unlike the applicant, did not confess to the act or attempt to make restitution.  Since his discharge, he has lived above reproach, refusing to introduce alcohol into his system.  He has raised his son and held the same job since 1998.  His positive contributions to society are evidenced by his good home, solid employment, and grown son. 
In support of his appeal, the applicant provides copies of his 2008 federal income tax return, two safety award certificates from his employer, and his commercial driver license.   
The applicant’s complete submission, with attachments, is at     Exhibit G. 
A request for post-service information was forwarded to the applicant on 3 Mar 10 (Exhibit H).  In response, the applicant provides five letters of support and an expanded statement detailing his military career, the events leading up to his BCD, and his efforts to raise his son and build a successful career since his discharge (Exhibit I). 
After again reviewing this application and the evidence provided in support of his appeal, we remain unconvinced the applicant has been the victim of an error or injustice.  We have previously determined that the applicant’s BCD, which was the sentence he received following his conviction by special court-martial for conspiracy to commit willful destruction and damage of military property, willful destruction and damage of military property, willful damage or destruction of personal property, theft of military property, unlawful entry with intent to commit criminal offenses, unlawful entry, and carrying a concealed weapon was neither improper nor excessive.  While the applicant’s contentions are duly noted, his latest submission has not persuaded us otherwise.  While we acknowledge his accomplishments since his discharge, we are not compelled at this time to upgrade his BCD to honorable on the basis of clemency. 
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-2003-06022 in Executive Session on 8 Jun 10, under the provisions of AFI 36-2603: 
The following documentary evidence pertaining to AFBCMR Docket Number BC-1993-06022 was considered: 
     Exhibit F.  Record of Proceedings, dated 8 Apr 94. 
     Exhibit G.  DD Form 149, dated 9 Sep 09, w/atchs. 
     Exhibit H.  Letter, AFBCMR, dated 3 Mar 10, w/atch. 
     Exhibit I.  Letter, Applicant, undated, w/atchs. 

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