ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00086
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded to an Honorable discharge.
RESUME OF CASE:
On 6 Apr 06, the Board considered and denied the applicants original request that his 24 Dec 85 General (Under Honorable Conditions) discharge be upgraded to an Honorable discharge. In the original request, the applicant contended his General discharge was unjust. He stated that he was a model citizen for the last 20 years of his life and deserves an Honorable discharge for the time he served in the Air Force. He offered a rebuttal to the Air Force Evaluation stating that his statements in his application were consistent with the statements in his records. He felt he would not have been recommended for a General discharge if he had not waited until two months remaining in his enlistment to tell his first sergeant that he wanted to reenlist. He was currently employed by the Pennsylvania State Correction Facility and has not had any problems in his life since he left the military. The Board found insufficient evidence of error or injustice to warrant corrective action. The facts and opinions stated in the advisory appeared to indicate that responsible officials applied appropriate standards in effecting the separation, and there was no persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge. The Board concluded that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. The applicant did not provide sufficient information of post-service activities and accomplishments for the Board to conclude that his discharge should be upgraded based on clemency. For an accounting of the facts and circumstances surrounding the applicants original request and rationale for the earlier decision by the board, see the Record of Proceedings (ROP) at Exhibit G.
On 5 Mar 14, the applicant submitted a request for reconsideration that his General (Under Honorable Conditions) discharge be upgraded to an Honorable discharge. In support of his request for reconsideration, the applicant recaptures details of the incidents pertinent to his discharge. Additionally, he provided several letters of recommendation from supervisors within Pennsylvanias Department of Corrections on his behalf for various job opportunities between 2006 and 2013. He included his employee performance review forms for the same period (Exhibit H).
On 22 May 14, the applicant requested his case be administratively closed, allowing him sufficient time to get a FBI background check (Exhibit I).
On 27 May 14, AFBCMR acknowledged his request and advised the applicant his case was administratively closed until he advised he was ready to proceed (Exhibit J).
On 3 Jul 14, the applicant requested his case be reopened, submitting his FBI background investigation results, several certificates of training completion from the Pennsylvania Department of Corrections, and a special deputation oath of office, authorization and appointment of the applicant to perform the duties of a Special Deputy United States Marshal (Exhibit K).
THE BOARD CONCLUDES THAT:
1. In earlier findings, the Board determined there was insufficient evidence to warrant any corrective action. After thoroughly reviewing the additional documentation submitted in support of his appeal and the evidence of record, we do not believe the applicant has overcome the rationale expressed in our previous decision and note there was no error or injustice with regard to the processing of his discharge. In the interest of justice, we considered upgrading the discharge based on clemency; however, the post-service evidence presented by the applicant consisted of the results of an FBI Background Check, job-related training and promotion recognition. It lacked any information pertaining to his contributions to his community, or character references vouching for his honesty and integrity; accordingly, we did not find the evidence presented was sufficient for us to conclude that the applicants post-service activities overcome the misconduct for which he was discharged. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.
2. The applicants 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 the evidence presented did not demonstrate the existence of material 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-2006-00086 in Executive Session on 24 Mar 15 under the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number BC-2006-00086 was considered:
Exhibit G. Record of Proceedings (ROP), dated 25 Aug 11,
w/atchs.
Exhibit H. DD Form 149, dated 5 Mar 14, w/atchs.
Exhibit I. Email, Applicant, dated 22 May 14.
Exhibit J. Letter, AFBCMR, dated 27 May 14.
Exhibit K. Email, Applicant, dated 3 Jul 14, w/atchs.
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