ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 95-00478
INDEX CODE: 110.00
APPLICANT COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests that his
general discharge be upgraded to honorable.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 January 1992, the applicant was discharged with a general discharge
for commission of a serious offense and unsatisfactory performance. At the
time of his separation, he was credited with 2 years, 8 months and 24 days
of active duty service.
On 10 November 1994, the applicant’s request that his discharge be upgraded
to honorable was considered and denied by the Air Force Discharge Review
Board (AFDRB)(see Exhibit C).
A similar appeal was considered and denied by the Board on 13 July 1995.
For an accounting of the facts and circumstances surrounding the
applicant’s separation, and, the rationale for the earlier decision by the
Board, see the Record of Proceedings at Exhibit D. A 25 May 2002 request
by the applicant for reconsideration of his appeal was denied because he
had not submitted new relevant evidence (see Exhibit E).
On 25 July 2003, the applicant submitted a request for reconsideration,
contending that he was not discharged for unsatisfactory performance but
based on a false FBI record. To support this assertion, the applicant
provides copies of correspondence from the Federal Bureau of Investigation.
The applicant’s complete submission is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board determined that there was insufficient
evidence to warrant an upgrade of the applicant’s discharge. After a
careful reconsideration of his request and his most recent submission, we
do not find it sufficiently compelling to warrant a revision of the Board’s
earlier determination in this case. Contrary to the applicant’s
assertions, his military personnel records clearly show that he was
discharged for obtaining services under false pretenses and unsatisfactory
duty performance. Other than his own assertions, the applicant has
provided no evidence showing that the information in his discharge case
file was erroneous, that his substantial rights were violated, or that his
commanders abused their discretionary authority. Therefore, we find no
basis to recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 this application in Executive
Session on 6 November 2003, under the provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Mr. James W. Russell, III, Member
Ms. Leslie Abbott, Member
The following documentary evidence was considered:
Exhibit C. Discharge Review Board Proceedings, dtd
10 Nov 94, w/atchs.
Exhibit D. Record of Proceedings, dated, 13 Jul 95 w/atchs.
Exhibit E. Letter, AFBCMR, dated 14 Jun 02 w/atchs.
Exhibit F. Application, dated 25 Jul 03 w/atchs.
BRENDA L. ROMINE
Panel Chair
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