ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01268
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on
22 Jul 04. The Board determined that the evidence provided by the
applicant was insufficient to warrant an upgrade of his discharge.
There was no evidence showing the applicants discharge was
carried out in contravention of the governing Air Force policy in
effect at the time. Additionally, the Board was not convinced
that the applicants contributions to his community since his
separation were sufficient to overcome the misconduct for which he
was discharged; therefore, the Board did not conclude that it
would be in the interest of justice to upgrade his discharge on
the basis of clemency. For an accounting of the facts and
circumstances surrounding his request, and the rationale for the
earlier decision by the Board, see the Record of Proceedings, with
attachments, at Exhibit I.
By virtue of an DD Form 149, Application for Correction of
Military Record, dated 3 Nov 10, the applicant requested
reconsideration of his request for an upgrade of his discharge,
indicating he served his country with honor and his performance
reports reflect this. The applicant also noted he was having
problems due to the death of his brother (Exhibit J). On
18 Feb 11, because the applicant had provided no new and/or
relevant evidence in support of his request for reconsideration,
the Board staff informed the applicant that his request did not
meet the criteria for reconsideration (Exhibit K).
By virtue of a DD Form 149, dated 27 Jan 14, with attachments, the
applicant requests reconsideration of his request for an upgrade
of his discharge indicating his service was outstanding until the
incident which led to his subsequent discharge.
The applicants complete submission, with attachments, is at
Exhibit L.
THE BOARD CONCLUDES THAT:
After again reviewing the evidence of record, the applicants
prior submission, the additional evidence provided in support of
his appeal, we are not persuaded that it would be appropriate to
override the Boards original decision. After thoroughly
reviewing the additional documentation submitted in support of
this appeal and the evidence of record, we remain unconvinced that
the applicants contributions to the community since his discharge
are sufficient to overcome the misconduct which formed the basis
for his discharge. Therefore, while we commend the applicant for
his post-service transition, we are not convinced that it would be
in the interest of justice to upgrade his discharge.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2004-01268 in Executive Session on 14 Oct 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit I. Record of Proceedings, dated 10 Aug 04,
w/Exhibits.
Exhibit J. DD Form 149, dated 13 Nov 10.
Exhibit K. Letter, AFBCMR, dated 18 Feb 11.
Exhibit L. DD Form 149, dated 27 Jan 14, w/atchs.
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