Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-1999-01846B
Original file (BC-1999-01846B.DOC) Auto-classification: Denied

                             SECOND ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-1999-01846

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that his former grade of staff sergeant (E-
5) was reinstated prior to his discharge.

_________________________________________________________________

STATEMENT OF FACTS:

On 10 June 1999, the Board  favorably  considered  the  applicant’s  request
that his discharge be upgraded to honorable (Exhibit A).

In an application, dated 16 July 1999, the applicant requested  the  Article
15 imposed on 4 August 1981, be removed from his  records,  and  his  former
rank of staff sergeant (E-5) be restored (Exhibit B).

On 9 October 1999, the Board considered his  request  that  the  Article  15
imposed on 4 August 1981, be removed from his records, and his  former  rank
of staff sergeant (E-5) be restored.  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
for the earlier decision by  the  Board,  see  the  Addendum  to  Record  of
Proceedings at Exhibit E.

In a letter, dated  24  January  2002,  the  applicant  provided  additional
documentation and requested  restoration  of  his  rank  of  staff  sergeant
(Exhibit H); however, in a letter, dated 1 February  2002,  he  was  advised
that since his request was a new request, he should  submit  an  application
to the Board (Exhibit I).

In an application, dated 5 February 2002, the applicant requested  that  his
records be corrected to show his former grade of staff  sergeant  (E-5)  was
reinstated prior to his discharge (Exhibit J).

_________________________________________________________________


THE BOARD CONCLUDES THAT:

The applicant, in essence, is requesting the Board void the Article  15  and
reinstate his former rank of  staff  sergeant  on  the  basis  of  clemency;
however, after thoroughly reviewing the evidence of record  and  noting  the
additional documentation submitted with  his  request,  we  do  not  believe
sufficient evidence of an error or injustice has been presented  to  warrant
favorable  consideration.   We  have  considered  his  overall  quality   of
service, the  events  which  precipitated  the  Article  15,  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 AFBCMR Docket Number  BC-1999-
01846 in Executive Session on 7 April 2003, under the provisions of AFI  36-
2603:

                  Mr. Vaughn E. Schlunz, Panel Chair
                  Mr. Gregory H. Petkoff, Member
                  Mr. Charles E. Bennett, Member

The following documentary evidence was considered:

      Exhibit E.  Addendum to Record of Proceedings,
                  dated 19 Jan 00, w/atchs.
      Exhibit F.  Letter, Applicant, dated 3 May 01.
      Exhibit G.  Letter, AFBCMR, dated 10 Sep 01.
      Exhibit H.  Letter, Applicant, dated 24 Jan 02, w/atchs.
      Exhibit I.  Letter, AFBCMR, dated 1 Feb 02.
      Exhibit J.  DD Form 149, dated 5 Feb 02, w/atchs.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY1999 | 9800904

    Original file (9800904.doc) Auto-classification: Approved

    A copy of the Record of Proceedings (ROP), with attachments, is attached at Exhibit F. Applicant has now submitted a letter, dated 29 April 1999, attaching a statement from a retired senior master sergeant, who was the applicant’s immediate supervisor for the period 1961 to 1963, who states that the applicant is deserving of the AFCM. After reviewing the applicant’s military records and the documentation submitted, the majority of the Board believes there was an injustice to the...

  • AF | BCMR | CY1999 | BC-1998-00904

    Original file (BC-1998-00904.doc) Auto-classification: Approved

    A copy of the Record of Proceedings (ROP), with attachments, is attached at Exhibit F. Applicant has now submitted a letter, dated 29 April 1999, attaching a statement from a retired senior master sergeant, who was the applicant’s immediate supervisor for the period 1961 to 1963, who states that the applicant is deserving of the AFCM. After reviewing the applicant’s military records and the documentation submitted, the majority of the Board believes there was an injustice to the...

  • AF | BCMR | CY1999 | 9404682

    Original file (9404682.doc) Auto-classification: Denied

    (Exhibit D) In an application dated 29 August 1990, the applicant requested that (1) he be promoted to master sergeant (E-7), (2) he be reinstated into active duty, (3) the time out of the service be counted towards retirement, (4) he receive all back pay and allowances, and (5) the portion of his Selective Reenlistment Bonus, which was recouped, be reimbursed. On 16 July 1991, the Board considered and recommended granting the applicant’s request for a service retirement from the Air Force...

  • AF | BCMR | CY1999 | BC-1994-04682

    Original file (BC-1994-04682.doc) Auto-classification: Denied

    (Exhibit D) In an application dated 29 August 1990, the applicant requested that (1) he be promoted to master sergeant (E-7), (2) he be reinstated into active duty, (3) the time out of the service be counted towards retirement, (4) he receive all back pay and allowances, and (5) the portion of his Selective Reenlistment Bonus, which was recouped, be reimbursed. On 16 July 1991, the Board considered and recommended granting the applicant’s request for a service retirement from the Air Force...

  • AF | BCMR | CY1998 | BC-1998-01172

    Original file (BC-1998-01172.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-01172 INDEX CODE: 128.14 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated the In-Place Consecutive Overseas Tour (IPCOT) Travel Entitlement. Exhibit C. Letter, AFPC/DPPC, dated 14 May 98. VAUGHN E. SCHLUNZ Panel Chair AFBCMR 98-01172 MEMORANDUM FOR THE CHIEF OF STAFF Having received and...

  • AF | BCMR | CY1998 | 98-01172

    Original file (98-01172.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-01172 INDEX CODE: 128.14 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated the In-Place Consecutive Overseas Tour (IPCOT) Travel Entitlement. Exhibit C. Letter, AFPC/DPPC, dated 14 May 98. VAUGHN E. SCHLUNZ Panel Chair AFBCMR 98-01172 MEMORANDUM FOR THE CHIEF OF STAFF Having received and...

  • AF | BCMR | CY2003 | BC-1999-01826

    Original file (BC-1999-01826.doc) Auto-classification: Denied

    A complete copy of the Record of Proceedings is at Exhibit F (with Exhibits A through E). Applicant’s complete submission, with attachments, is at Exhibit G. By letter, dated 29 Jul 03, the applicant provided additional documentary evidence, which is attached at H. _________________________________________________________________ THE BOARD CONCLUDES THAT: Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In an earlier finding, we...

  • AF | BCMR | CY2001 | 0002566

    Original file (0002566.doc) Auto-classification: Approved

    If the suspension date of 18 April 2000 is changed to a date before the PECD of 31 March 2000, the Board could also direct supplemental promotion consideration for cycle 00E5. The applicant has not related any new or additional information, not available at, or near, the time when he received the action, which indicate circumstances warranting a set aside. VAUGHN E. SCHLUNZ Panel Chair AFBCMR 00-02566 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of...

  • AF | BCMR | CY1999 | BC-1999-01916

    Original file (BC-1999-01916.doc) Auto-classification: Denied

    The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.

  • AF | BCMR | CY1999 | 9901916

    Original file (9901916.doc) Auto-classification: Denied

    The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.