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AF | BCMR | CY2004 | BC-1999-02057A
Original file (BC-1999-02057A.doc) Auto-classification: Denied

                             SECOND ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-1999-02057
            INDEX CODE: 110.00

            COUNSEL:  THE AMERICAN LEGION

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests that  his  under
other  than  honorable  conditions  (UOTHC)  discharge  be  upgraded  to  an
honorable discharge.

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question, the applicant enlisted  in  the  Regular
Air Force on 25 July 1990 for a  period  of  four  years  in  the  grade  of
sergeant.

On 24 July 1992, the applicant submitted a request to be discharged in  lieu
of being tried  by  court-martial.   He  was   charged  with  willfully  and
maliciously setting fire to his automobile with the intent  to  defraud  his
insurer, Government Employees Insurance Company.

The applicant was discharged with an under other than  honorable  conditions
discharge on 15 August 1992, under the provisions of AFR 39-10 (Request  for
Discharge in Lieu of Trial by  Court-Martial).   He  served  a  total  of  5
years, 11 months and 25 days of total active duty service.

On 17 October 1996, the Air Force Discharge Review Board (AFDRB)  considered
and denied the  applicant’s  request  that  his  discharge  be  upgraded  to
honorable (Exhibit B).

On 23 February 2000, the Air Force Board for Correction of Military  Records
(AFBCMR) denied the applicant’s request for an upgrade of his  discharge  to
honorable.  The Record of Proceedings (ROP) with attachments is at  Exhibits
A through E.

On 27 November 2002, the applicant submitted a request for  reconsideration,
contending the fact that he knows what he did was  wrong  and  he  feels  as
though he has paid the price for his wrong  doing.   It  has  been  over  10
years since  his  discharge  and  he  asks  the  Board  for  clemency.   The
applicant’s complete submission, with attachments, is at Exhibit F.

On 13 March 2003, the Air Force Board for  Correction  of  Military  Records
(AFBCMR) denied the applicant’s request for reconsideration to  upgrade  his
discharge to honorable.  The Addendum to the  Record  of  Proceedings  (ROP)
with attachments is at Exhibit G.

On 17 February 2004, the applicant submitted a request  for  reconsideration
based on clemency (Exhibit H).

On 4 March 2004, the  Board  staff  examined  the  applicant’s  request  and
determined his submission contained the same request  which  was  previously
considered and denied by the Board, and he provided no new evidence  and  it
did not meet the criteria for reconsideration by  the  Board.   His  request
was denied (Exhibit I).

In an application to the Board, dated 17 June 2004,  the  applicant  request
reconsideration.  He indicates he desires an upgrade of his discharge  based
on clemency (Exhibit J).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

We  have  previously  determined  the  applicant’s  UOTHC  was   appropriate
considering the  circumstances  precipitating  the  discharge  action.   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  action  of  willfully  and
maliciously setting fire to his automobile with the intent  to  defraud  his
insurance company 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  UOTHC  to
honorable or general on the basis of clemency.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an 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-1999-
02057 in Executive Session on 12 August 2004, under the  provisions  of  AFI
36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Edward H. Parker, Member
                 Ms. Ann-Cecile M. McDermott, Member

The following documentary evidence was considered:

    Exhibit G.  Addendum to Record of Proceedings, w/atchs,
                dated 9 April 2003.
    Exhibit H.  DD Form 149, dated 17 February 2004, w/atchs.
    Exhibit I.  Letter, AFBCMR, dated 4 March 2004.
    Exhibit J.  DD Form 149, dated 17 June 2004, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair

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