SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1996-02552
INDEX CODE 106.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable or general
(under honorable conditions).
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Oct 97, the Board considered and denied an application
pertaining to the applicant, in which he requested that his court-
martial conviction be overturned. A complete copy of the Record of
Proceedings (ROP) is attached at Exhibit G (with Exhibits A through
E).
On 7 Jul 98, the Board considered and denied the applicant’s request
that his bad conduct discharge be upgraded to honorable. A complete
copy of the Addendum to Record of Proceedings (AROP) is attached at
Exhibit H (with Exhibit F).
By application, undated, the applicant again requests that his BCD be
upgraded to honorable. He asks the board to review the record of his
entire career and let the record speak for itself. He is confident
the Board will find he has fulfilled his obligation to the Air Force
and his country and is entitled to all rights and privileges of any
honorably discharged individual.
In support of his appeal, the applicant provided an expanded
statement, certificates of training and achievement, and documentation
pertaining to his post-service employment, including certificates of
merit, performance award, and his evaluations.
Applicant’s complete submission, with attachments, is at Exhibit I.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
We have previously determined that the applicant’s BCD, which was the
sentence he received following conviction by general court-martial for
unlawful cocaine use, was neither improper nor excessive. The
applicant’s latest submission has not persuaded us otherwise. Further,
we remain unconvinced that the seriousness of his misconduct has been
overcome by his post-service activities. The applicant’s use of an
illegal substance breached Air Force standards of behavior,
performance, discipline and trust. While we acknowledge his
accomplishments since his discharge and encourage him to continue his
efforts at rehabilitation and responsibility, we are not compelled at
this time to upgrade his BCD to honorable or general on the basis of
clemency.
The documentation provided with this case was sufficient to give the
Board a clear understanding of the issues involved and a personal
appearance, with or without legal counsel, would not have materially
added to that understanding. Therefore, the request for a hearing is
not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the 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 this application in
Executive Session on 5 March 2004, under the provisions of AFI 36-
2603:
Mr. Vaughn E. Schlunz,
Panel Chair
Mr. Joseph G. Diamond,
Member
Ms. Ann-Cecile McDermott,
Member
The following documentary evidence relating to AFBCMR Docket Number BC-
1996-02552 was considered:
Exhibit G. ROP, dated 22 Jan 98, w/atchs.
Exhibit H. AROP, dated 7 Oct 98, w/atchs.
Exhibit I. DD Form 293, undated, w/atchs.
VAUGHN E. SCHLUNZ
Panel Chair
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