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Decision Text

AF | BCMR | CY2008 | BC 2008 04495
Original file (BC 2008 04495.txt) Auto-classification: Denied
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-04495

		COUNSEL:  NO
		
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.  
________________________________________________________________

RESUME OF CASE:
      
On 1 July 2009, the Board considered and denied the applicant’s original request to correct his records.  In the original case, the applicant contended he was coerced into signing the papers that led to his discharge.  His squadron leaders were biased and his decision to agree to a general discharge was premature.  For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit G. 

On 11 July 2014, by virtue of a DD Form 149, Application for Correction of Military Record, the applicant requested reconsideration of his case to change his type of discharge.  Specifically, the applicant contends at the time of separation, he was not aware of the type of discharge given to him because he was not provided sections 23 through 30 of his DD Form 214, Certificate of Release or Discharge from Active Duty, which showed his type of separation and character of service.  As new evidence in support of his request, he submitted a personal statement justifying a discharge upgrade, the Member-1 and Member-4 copy of his DD Form 214, college transcript, and degree.  The applicant wishes to be finally recognized as a true contributor to society.

On 2 April 2015, a request for post-service information was forwarded to applicant for comment within 30 days.  As of this date, no response has been received by this office (Exhibit I).

The applicant’s complete submission, with attachment, is at Exhibit H.
________________________________________________________________


THE BOARD CONCLUDES THAT:

After again reviewing the applicant’s request and the totality of the evidence provided, we are not convinced that the evidence presented by the applicant in support of his request for reconsideration of the Board’s previous decision meets the criteria for reconsideration.  In this respect, we note the applicant provided a copy of his DD Form 214 reflecting his character of service and narrative reason for separation; however, this document was reasonably available during his previous consideration and does not meet the criteria for reconsideration.  As the applicant has been advised, reconsideration is only authorized when an applicant presents newly discovered relevant evidence that was not available at the time of the Board’s previous consideration of a case.  In addition the applicant submitted copies of his college transcript and degree, attesting to his willingness to never give up.  However, while we find this documentation new and relevant, our review of the evidence indicates he has not met the threshold that would give rise to reconsideration of our previous decision.  In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s activities and good citizenship since leaving the service, we find no basis to reconsider the applicant’s case.  
________________________________________________________________

THE BOARD DETERMINES THAT:  

The applicant be notified the evidence did not meet the criteria for reconsideration 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 the applicant’s request for reconsideration of AFBCMR Docket Number BC-2008-04495 in Executive Session on 27 May 2015 under the provisions of AFI 36-2603:
	
	Chair
	Member
	Member

The following documentary evidence pertaining AFBCMR Docket Number BC-2008-04495 was considered:

     Exhibit G.  ROP, dated 23 July 2009, with atchs. 
	Exhibit H.  DD Form 149, dated 11 July 2014, w/atchs.
	Exhibit I.  Letter, AFBCMR, dated 2 April 2015, w/atch. 


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