ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1995-03478
INDEX CODE: 100.00
COUNSEL: AMERICAN LEGION
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be set aside
and he be allowed to retire.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 March 1997, the AFBCMR considered the applicant’s requests that his
Under Other Than Honorable Conditions (UOTHC) discharge be set aside and he
be allowed to retire. The Board found insufficient evidence of probable
error or injustice and denied his requests. 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 J.
In letters, to his Congressman, dated 19 May 1997 and 22 May 2002, he
requested reconsideration of his application and provided additional
documentation; however, he was advised his submissions did not meet the
criteria for consideration by the AFBCMR (Exhibits K and L).
In a letter, dated 28 July 2003, the applicant’s service counsel requested
reconsideration of the appeal and provided additional documentation. The
complete submission, with attachments, is at Exhibit M.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. After thoroughly reviewing the
evidence of record and the additional documentation submitted by applicant,
we are still not persuaded that a change to his characterization of service
and retirement for length of service are warranted. The applicant’s
contentions are duly noted; however, we are not persuaded the Secretary’s
decision to decline to accept his retirement application was in error or
unjust under the circumstances of this case. In the absence of evidence
the Secretary abused his discretionary authority, we find no basis upon
which to recommend overturning his decision. There has been no showing
that the applicant was denied all rights to which entitled. Therefore,
based on the evidence of record, we find no basis upon which to favorably
consider this application.
_________________________________________________________________
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 AFBCMR Docket Number BC-1995-
03478 in Executive Session on 3 December 2003, under the provisions of AFI
36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Michelle Grace, Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit J. Record of Proceedings, dated 18 Apr 97, w/atchs.
Exhibit K. Letter, Applicant, dated 19 May 97, w/atchs.
Exhibit L. Letter, Congressman, dated 28 Jun 02, w/atchs.
Exhibit M. Letter, American Legion, dated 28 Jul 03, w/atchs
CHARLENE M. BRADLEY
Panel Chair
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