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AF | BCMR | CY2004 | BC-1996-02954-2
Original file (BC-1996-02954-2.doc) Auto-classification: Denied

                                 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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