ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1999-03222-2
XXXXXXXXXXXXXXX COUNSEL: None
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be restored to the grade of master sergeant (MSgt) with all back pay
and allowances.
The Article 15 imposed on him on 19 Feb 97 be set aside and all rights and
privileges of which he was deprived be restored.
His decertification as an AFOSI agent be declared void and removed from
his records.
__________________________________________________________________
RESUME OF CASE:
On 15 Jun 00, the AFBCMR considered and denied similar requests as stated
above from the applicant. The complete details of the applicant’s
original appeal are contained in the Record of Proceedings, with
attachments, at Exhibit H.
In a new DD Form 149 (Exhibit I), the applicant makes the requests above.
The applicant contends he has submitted new evidence that identifies false
statements, lies, errors, omission of factual procedures, and an overall
pattern of deceit made by the AFOSI, Air Force Legal Services Agency and
his former, now “defunct,” unit in Panama, and by the credit union
involved in his case.
The applicant contends that members of the credit union involved in the
investigation of his case made false statements in their statements.
Applicant offers his views of the statements, which he has attached as
part of his new evidence. The applicant further contends the AFOSI knew
that the credit union personnel were providing false information.
Applicant also indicates that all the Air Force agencies involved in
denying his appeals omitted the fact he provided documented evidence for
the period he was investigated. None of the agencies mentioned that they
had reviewed the credit union documents he submitted and therefore did not
consider all of the evidence available to them.
The applicant further opines that AFLSA/JAJM provided false information
and knowingly omitted pertinent facts when they recommended to the AFBCMR
the applicant’s appeal be denied. The applicant states he submitted
records from his credit union during his Article 15 appeal process. These
records proved that the credit union made false statements and made errors
on his account. The applicant notes that AFLSA/JAJM states in their
advisory opinion that the records were no longer available. However, the
applicant contends the letter written to his Congressman, dated 9 Sep
04, indicates the records were available at the time the applicant was
requesting them, but they were not released to him.
Applicant provides six attachments to his personal statement consisting of
letters, dated 9 Sep 04 and 7 Dec 04, sent to his Congressman, redacted,
official statements made by principals at the credit union in connection
with the AFOSI investigation, the advisory opinion prepared in his
original appeal by AFLSA/JAJM, and an extract from the AFOSI report of
investigation.
__________________________________________________________________
THE BOARD CONCLUDES THAT:
After reviewing the complete evidence of record, the Board still finds
that insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. In particular, the Board reviewed the
six attachments to the statement submitted with the applicant’s DD Form
149, dated 29 Jun 06. We do not find this evidence to be especially new
or sufficiently compelling to warrant a reversal of the Board’s earlier
finding. Therefore, the applicant’s request for relief is again denied.
_________________________________________________________________
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 9 August 2006 under the provisions of AFI 36-2603:
Mr. Christopher D. Carey, Panel Chair
Ms. Cheryl V. Jacobson, Member
Mr. Grover L. Dunn, Member
The following additional documentary evidence was considered:
Exhibit H. Record of Proceeding, w/atchs, dated 21 Jul 00.
Exhibit I. DD Form 149, dated 29 Jun 06, w/atchs.
CHRISTOPHER D. CAREY
Panel Chair
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