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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