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AF | BCMR | CY2003 | BC-1999-02057A
Original file (BC-1999-02057A.doc) Auto-classification: Denied

                                 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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