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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