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AF | BCMR | CY2005 | BC-1996-02552E
Original file (BC-1996-02552E.doc) Auto-classification: Denied





                         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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