ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1989-01497
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 September 1989, the Board considered applicant’s request that his BCD
be upgraded. The Board found insufficient evidence of an error or
injustice and denied the application. For an accounting of the facts and
circumstances surrounding the application, and the rationale of the earlier
decision by the Board, see the Record of Proceedings at Exhibit F.
In a DD Form 293, Application for the Review of Discharge or Dismissal from
the Armed Forces of the United States, dated 19 September 2002, the
applicant requested reconsideration of his request to have his BCD upgraded
and provided a copy of his DD Form 214, Certificate of Release or Discharge
from Active Duty (Exhibit G). In a letter, dated 23 December 2002, the
applicant was advised that inasmuch as his request contained essentially
the same request that was previously considered and denied by the Board and
he had provided no new relevant evidence, it did not meet the criteria for
reconsideration by the Board (Exhibit H).
In a memorandum, dated 28 January 2003, submitted through his Congressman’s
office, the applicant requested reconsideration of his application and
provided letters of support from his father, brother and two sisters
(Exhibit I).
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Washington, D.C., was requested to provide an Investigative Report on the
applicant; however, they indicated that on the basis of the data furnished
they were unable to locate an arrest record (Exhibit J).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the evidence
of record and the additional documentation submitted by the applicant, we
are not persuaded that a change to his characterization of service is
warranted. The statements from the applicant’s family are duly noted;
however, they do not persuade us that the characterization of his discharge
is in error or unjust. The applicant received a BCD as a result of being
found guilty by a general court-martial of stealing $20 and six
specifications of wrongful possession and use of cocaine and hashish, and
wrongful distribution of cocaine. The applicant has failed to sustain his
burden that he has suffered either an error or an injustice. Hence, we
find no compelling basis to recommend granting the relief sought.
4. We also find insufficient evidence to warrant a recommendation that the
discharge be upgraded on the basis of clemency. We have considered the
applicant’s overall quality of service, the seriousness of the offenses
that precipitated the discharge, and available evidence related to his post-
service activities and accomplishments. On balance, we do not believe that
clemency is warranted.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the additional 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 Docket Number BC-1989-01497
in Executive Session on 21 August 2003, under the provisions of AFI 36-
2603:
Ms. Patricia D. Vestal, Panel Chair
Ms. Martha J. Evans, Member
Mr. E. David Hoard, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 28 Sep 89, w/atchs.
Exhibit G. DD Form 293, dated 19 Sep 02, w/atch.
Exhibit H. Letter, AFBCMR, dated 23 Dec 02.
Exhibit I. Letter, Congressman, dated 3 Feb 03, w/atchs.
Exhibit J. Request for FBI Investigative Report.
PATRICIA D. VESTAL
Panel Chair
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