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AF | BCMR | CY2003 | BC-1995-03478a
Original file (BC-1995-03478a.DOC) Auto-classification: Denied

                                 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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