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AF | BCMR | CY2007 | BC-1988-01539-2
Original file (BC-1988-01539-2.doc) Auto-classification: Denied


                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-1988-01539
            INDEX CODE:  100.00, 110.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests  his  general
discharge be upgraded to honorable,  his  reenlistment  eligibility  (RE)
code of 2 be changed and his misconduct be pardoned.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant was convicted by Special Court-Martial on 14  Jan  74.   He
was found guilty  of:  damaging  a  government  vehicle  on  12  Nov  73;
wrongfully appropriating a government vehicle on 12 Nov 73;  leaving  his
post on 27 Dec 73; failure to go to his appointed place of duty on 29 and
30 Dec 73, and being  disrespectful  to  an  officer  on  2 Jan 74.   The
sentence included reduction to airman basic, confinement  for  100  days,
forfeiture of $100  per  month  for  three  months,  and  a  Bad  Conduct
Discharge.  The sentence was adjudged on 30  Jan  74.   The  Bad  Conduct
Discharge executed on 31 Oct 74.  He was credited with 1 year, 6  months,
and 8 days of active service.

By letter dated, 9 Dec 76, the Air Force Discharge Review  Board  (AFDRB)
notified the applicant that his discharge was upgraded to general  (under
honorable conditions).

On 15 Aug 88, the Air Force Board  for  Correction  of  Military  Records
(AFBCMR) considered and  denied  the  applicant’s  request  to  have  his
general discharge upgraded to honorable, his RE code 2 changed,  and  his
court-martial and other negative aspects of his military service removed.
 For the rationale of the earlier decision by the Board, see  the  Record
of Proceedings at Exhibit G.

Applicant submitted similar appeals to  the  Board  for  reconsideration;
however, the AFBCMR examined his requests and found  that  they  did  not
meet the criteria for reconsideration.

On  26  Oct  06,  applicant  submitted  a  request  for  reconsideration,
requesting that  his  discharge  be  upgraded  to  fully  honorable,  his
Separation Program Designator (SPD) code be changed, and his RE code of 2
be change to an eligible one.   To  support  his  appeal,  the  applicant
provided a personal statement, a letter  to  the  Secretary  of  the  Air
Force, and other post-service documentation concerning  the  issue  under
review  and  his  accomplishments  since  leaving   the   service.    The
applicant’s complete submission is at Exhibit H.

Pursuant to the Board’s request, the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, provided  an  investigative  report  which  is
attached at Exhibit I.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the FBI Report of Investigation was forwarded to the  applicant
on 5 Dec 06, for review and response.  As of this date, no  response  has
been received by this office (Exhibit J).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the  applicant’s  most  recent
submission,  we  found  no  evidence  to  overturn  the  Board’s  earlier
decision.  The Board noted the applicant’s BCD was  upgraded  to  general
(under honorable conditions) by the  Air  Force  Discharge  Review  Board
(AFDRB) in Dec 76, his supporting documentation, and his  accomplishments
since his discharge.  However, in view of the AFDRB’s  earlier  decision,
and the contents of the FBI Report, we are unpersuaded that an upgrade of
the characterization of his discharge to fully honorable, his RE code  of
2, or his reason for separation is warranted.  Therefore, in the  absence
of persuasive  evidence  that  applicant’s  service  warranted  a  better
characterization than the one he currently holds, we find  no  compelling
basis to recommend granting the relief sought in this application.

4.  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 11 January 2007, under the  provisions  of  AFI  36-
2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Todd L. Schafer, Member
      Ms. Maureen B. Higgins, Member

The following documentary evidence was considered:

      Exhibit G.  Record of Proceedings, dated 15 Aug 88,
                with Exhibits and attachments.
      Exhibit H.  DD Form 149, dated 5 Oct 06, w/atchs.
      Exhibit I.  FBI Report of Investigation
      Exhibit J.  Letter, AFBCMR, dated 5 Dec 06.




                                   LAURENCE M. GRONER
                                   Panel Chair

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