ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1996-02123
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to general (under
honorable conditions).
STATEMENT OF FACTS:
On 12 Jun 98, a similar appeal was considered and denied by the
Board. For an accounting of the facts and circumstances
surrounding the applicants appeal, and, the rationale of the
Boards decision, see the Record of Proceedings at Exhibit G, with
attachment.
The applicant requests reconsideration of his BCD to be upgraded
to a general discharge. He contends that he served 9 months in
confinement. A life sentence was too harsh. If this was in the
civilian court, probation would be granted. He admitted to being
wrong. This has changed his life; he has been a Pastor for over 5
years; mentored young people, and help senior citizens within his
community.
In support of his appeal, the applicant provides numerous letters
of character reference.
The applicants complete submission, with attachments, is at
Exhibit H.
A copy of the clemency bulletin was forwarded to the applicant on
11 Aug 14, for review and comment within 30 days (Exhibit I).
Pursuant to the Boards request, the applicant provided a copy of
a letter from the Federal Bureau of Investigation (FBI) indicating
that on the basis of the information provided, they were unable to
locate an arrest record (Exhibit J).
THE BOARD CONCLUDES THAT:
In an earlier finding, the Board determined there was insufficient
evidence to warrant corrective action. We have reviewed the
numerous letters of character reference and support provided by
the applicant and the Board commends the applicant on his
accomplishments since leaving the service; however, the additional
information did not to our satisfaction specifically substantiate
the applicants entitlement to the requested relief or to overturn
the earlier decision of the Board. In view of the above, we find
no basis upon which to recommend favorable consideration of the
applicants request.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; 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-1996-02123 in Executive Session on 7 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit G. Record of Proceedings, dated 12 Jan 98, w/atchs.
Exhibit H. DD Form 149, dated 11 Jun 14, w/atchs.
Exhibit I. Letter, SAF/MRBR, dated 11 Aug 14, w/atch.
Exhibit J. Letter, FBI Response, dated 23 Nov 14.
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On 12 Nov 14, SAF/MRBR provided the applicant with an opportunity to submit information pertaining to his activities since leaving the service. In an earlier finding, the Board determined there was insufficient evidence to warrant any corrective action. Exhibit D. Letter, SAF/MRBR, dated 12 Nov 14, w/atch.
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ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00086 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to an Honorable discharge. For an accounting of the facts and circumstances surrounding the applicants original request and rationale for the earlier decision by the board, see the Record of Proceedings (ROP) at Exhibit G. On 5 Mar 14, the...
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On 20 August 2009, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days (Exhibit L). _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered this...
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________________________________________________________________ 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). 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. ________________________________________________________________ The following members of the Board...
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Exhibit F. Letter, AFMPC/DPMARS2, dated 0 May 86. Exhibit J. Exhibit O.
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By letter dated, 9 Dec 76, the Air Force Discharge Review Board (AFDRB) notified the applicant that his discharge was upgraded to general (under honorable conditions). However, in view of the AFDRB’s earlier decision, and the contents of the FBI Report, we are unpersuaded that an upgrade of the characterization of his discharge to fully honorable, his RE code of 2, or his reason for separation is warranted. Letter, AFBCMR, dated 5 Dec 06.
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We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of his appeal, we do not believe he has suffered from an injustice. _________________________________________________________________ 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...