ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1996-02954-2
INDEX CODE: 110.02
XXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In his application for reconsideration, he requests that his discharge be
upgraded to honorable and his reenlistment eligibility (RE) code of 2B
(separated with a general or under other than honorable conditions) be
changed to allow him to reenlist.
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on 30 January 1997.
For an accounting of the facts and circumstances surrounding the
applicant’s separation, and, the rationale for the earlier decision by the
Board, see Exhibit E.
On 1 May 2003, the applicant submitted a request for reconsideration,
contending that his discharge was unfair and that he did not commit fraud
against the government. To support his request, the applicant provides a
DD form 293, Application for the Review of Discharge or Dismissal From the
Armed Forces of the United States; a copy of his DD Form 214, Certificate
of Release or Discharge From Active Duty; a copy of a letter to his
congressional member; a personal statement; three letter of character
reference; copies of receipts for movement of his mobile home; and a letter
from his Veterans affairs representative. The applicant’s complete
submission, with attachments, is at Exhibit F.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRSP states the applicant’s discharge was
consistent with the procedural and substantive requirements of the
discharge regulation in affect at that time. Additionally, the discharge
was within the discretion of the discharge authority. The applicant did
not submit any new evidence or identify any errors or injustices that
occurred in the discharge processing. The DPPRSP evaluation is at Exhibit
G.
AFPC/DPPAE recommends denial. DPPAE stated that after their review of the
applicant’s records, they found the RE code of 2B he received was correct.
The DPPAE evaluation is at Exhibit H.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submitted signed statements attesting to his expenditures
for the move of his mobile home. He did not commit fraud against the
government in the amount of $750. The Air Force kept $744 due him at the
time of his out-processing; therefore, that makes it even. The
applicant’s rebuttal is at Exhibit J.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board determined that there was insufficient
evidence to warrant an upgrade of the applicant’s discharge. After a
careful reconsideration of his request and his most recent submission, we
do not find it sufficiently compelling to warrant a revision of the Board’s
earlier determination in this case. Contrary to the applicant’s
assertions, his military personnel records clearly show that he was
discharged for attempting to obtain travel reimbursement under false
pretenses. It is our opinion that the discharge proceedings were proper
and characterization of the discharge was appropriate to the existing
circumstances. Although the applicant has provided some letters of
character reference concerning his post-service conduct, the Board finds
these insufficient, due to the seriousness of his misconduct, to warrant an
upgrade of his discharge on the basis of clemency. We note the applicant’s
desire to return to the Air Force and also note the Air Force advisory’s
opinion that the reenlistment code 2B he received may be considered for a
waiver based on the needs of the Air Force and recruiting initiatives at
the time of the enlistment inquiry. Therefore, based on the information
above, we find no basis to act favorably on his request for an upgrade of
his discharge at this time.
_________________________________________________________________
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 21 April 2004, under the provisions of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Richard A. Peterson, Member
Mr. Vaughn E. Schlunz, Member
The following documentary evidence for AFBCMR Docket Number BC-1996-02954-2
was considered:
Exhibit E. Record of Proceedings, dtd 1 Apr 97, w/atchs.
Exhibit F. DD Forms 149, dated 1 May 03.
Exhibit G. Letter, AFPC/DPPRS, dated 4 Jun 03.
Exhibit H. Letter, AFPC/DPPAE, dated 8 Jul 03.
Exhibit I. Letter, SAF/MRBR, dated 18 Jul 03.
Exhibit J. Applicant’s Rebuttal, undated, w/ atchs.
CHARLES E. BENNETT
Panel Chair
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