THIRD ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1996-02552
INDEX CODE: A68.00
COUNSEL: ANNA PAT KRUPKIN
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable.
_________________________________________________________________
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 is attached at Exhibit J (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 is attached at Exhibit K
(with Exhibit F).
On 5 Mar 04, the Board considered and denied the applicant’s request
his BCD be upgraded to honorable or general (under honorable
conditions). A complete copy of the Second Addendum to Record of
Proceedings is attached at Exhibit L (with Exhibit I).
By letter, dated 29 Apr 04, the applicant’s counsel requests his BCD
be upgraded to honorable.
Applicant’s complete submission, with attachments, is at Exhibit M.
Counsel also provided two subsequent submissions, which are attached
at Exhibit N and O.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. In earlier findings, the Board
determined that there was insufficient evidence to warrant any
corrective action regarding the applicant’s request for an upgrade of
his BCD discharge. The Board has reviewed the applicant’s most recent
submissions and the majority of the Board finds the evidence provided
insufficient to warrant a reversal of the previous determinations in
this case. The applicant again has not provided any evidence that
shows to the majority’s satisfaction the discharge action was improper
or excessive. The majority again commends the applicant’s for his
post-service efforts. Notwithstanding this, the majority is not
persuaded that upgrading his discharge based on clemency is
appropriate at this time. Accordingly, the majority of the Board
finds no basis to act favorably on his request for upgrade of his BCD
discharge.
2. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
1996-02552 in Executive Session on 7 Dec 04, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Joseph G. Diamond, Member
Ms. Ann-Cecile McDermott, Member
By a majority vote, the Board voted to deny the applicant’s request.
Mr. Peterson voted to grant the request but did not desire to submit a
minority report. The following additional documentary evidence was
considered:
Exhibit J. Record of Proceedings, dated 22 Jan 98, w/atchs.
Exhibit K. Addendum to Record of Proceedings,
dated 7 Oct 98, w/atchs.
Exhibit L. Second Addendum to Record of Proceedings,
dated 19 Apr 04, w/atchs.
Exhibit M. Letter, counsel, dated 29 Apr 04, w/atchs.
Exhibit N. Letter, counsel, dated 9 Sep 04, w/atch.
Exhibit O. Letter, counsel, dated 27 Sep 04, w/atchs.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-1996-02552
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application again be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards
Agency
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