FOURTH 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 an application pertaining to the
applicant, in which he requested that his court-martial conviction be
overturned. The applicant was advised that the Board was without
authority to reverse, set aside, or otherwise expunge a court-martial
conviction. Further, the Board found no basis to modify the sentence
of the court-martial based on clemency. A complete copy of the Record
of Proceedings is attached at Exhibit P.
On 7 Jul 98, the Board considered and denied the applicant’s request
that his BCD be upgraded to honorable. A complete copy of the
Addendum to Record of Proceedings is attached at Exhibit Q.
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 R.
On 7 Dec 04, the Board considered and the majority recommended the
applicant’s request that his BCD be upgraded to honorable be denied,
which was accepted by the Director, Air Force Review Board Agency
(SAF/MRB). Complete copies of the SAF/MRB letter and the Third
Addendum to Record of Proceedings are attached at Exhibit S.
By letter, dated 15 Mar 05, the applicant’s counsel requests that his
BCD be upgraded to honorable.
Applicant’s complete submission, with attachments, is at Exhibit T.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. As in earlier findings, we again have determined that there is
insufficient evidence to warrant any corrective action regarding the
applicant’s request for upgrade of his BCD. The applicant again has
not provided any evidence which would lead us to believe the discharge
action was improper or excessive. We continue to laud him for his
apparent successful transition to civilian life. However, based on
the seriousness of the offense which resulted in his conviction by
general court-martial, we still are not persuaded that upgrading his
discharge based on clemency is appropriate at this time. Accordingly,
we find 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.
_________________________________________________________________
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 20 Jun 05, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Ann-Cecile McDermott, Member
Mr. Joseph G. Diamond, Member
The following additional documentary evidence pertaining to AFBCMR
Docket Number BC-1996-02552 was considered:
Exhibit P. Record of Proceedings, dated 22 Jan 98.
Exhibit Q. Addendum to Record of Proceedings,
dated 7 Oct 98.
Exhibit R. Second Addendum to Record of Proceedings,
dated 19 Apr 04.
Exhibit S. Letter, SAF/MRB, dated 27 Jan 05, w/atch.
Exhibit T. Letter, counsel, dated 15 Mar 05, w/atchs.
RICHARD A. PETERSON
Panel Chair
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