ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-02057
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests that his under
other than honorable conditions (UOTHC) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
STATEMENT OF FACTS:
During the time period in question, the applicant enlisted in the Regular
Air Force on 25 July 1990 for a period of four years in the grade of
sergeant.
On 24 July 1992, the applicant submitted a request to be discharged in lieu
of being tried by court-martial. He was charged with willfully and
maliciously setting fire to his automobile with the intent to defraud his
insurer, Government Employees Insurance Company.
The applicant was discharged with an under other than honorable conditions
discharge on 15 August 1992, under the provisions of AFR 39-10 (Request for
Discharge in Lieu of Trial by Court-Martial). He served a total of 5
years, 11 months and 25 days of total active duty service.
On 17 October 1996, the Air Force Discharge Review Board (AFDRB) considered
and denied the applicant’s request that his discharge be upgraded to
honorable (Exhibit B).
On 8 March 2000, the Air Force Board for Correction of Military Records
(AFBCMR) denied the applicant’s request for an upgrade of his discharge to
honorable. The Record of Proceedings (ROP) with attachments is at Exhibits
A through F.
On 27 November 2002, the applicant submitted a request for reconsideration,
contending the fact that he knows what he did was wrong and he feels as
though he has paid the price for his wrong doing. It has been over 10
years since his discharge and he asks the Board for clemency. The
applicant’s complete submission, with attachments, is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting an upgrade of
discharge. After thoroughly reviewing the evidence of record, we are not
persuaded that the applicant has been the victim of either an error or an
injustice. It appears that responsible officials applied appropriate
standards in effecting the separation, and we do not find persuasive
evidence that pertinent regulations were violated or that the applicant was
not afforded all the rights to which entitled at the time of discharge. We
conclude, therefore, that the discharge was appropriate to the existing
circumstances.
2. The applicant’s post-service accomplishments and his educational
efforts are commendable. However, after reviewing the applicant’s entire
record and the circumstances surrounding his discharge, we are not
persuaded that his discharge should be upgraded on the basis of clemency.
In this respect, we have considered the applicant’s overall quality of
service, the events which precipitated the discharge, and his post-service
conduct; on balance, we do not believe that clemency is warranted.
_________________________________________________________________
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 AFBCMR Docket Number 99-02057
in Executive Session on 13 March 2003, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Edward H. Parker, Member
Mr. Timothy A. Beyland, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, w/atchs,
dated 8 March 2000.
Exhibit F. DD Form 149, dated 27 November 2002, w/atchs.
RICHARD A. PETERSON
Panel Chair
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