ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02383
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
__________________________________________________________________
APPLICANT REQUESTS THAT:
Applicant’s sister requests that his discharge be upgraded.
__________________________________________________________________
RESUME OF CASE:
On 5 Feb 82, the Air Force Discharge Review Board (AFDRB) considered and
denied the applicant’s request to upgrade his discharge.
On 30 Aug 82, the AFBCMR considered and denied the applicant’s request to
upgrade his undesirable discharge. The AFBCMR agreed with the rationale
of the AFDRB and adopted their rationale as the basis for denial. For an
accounting of the facts and circumstances surrounding both the AFDRB and
AFBCMR decisions, and the rationale of the earlier decisions, see the
Record of Proceedings (ROP) at Exhibit E.
Subsequent to the AFBCMR decision, the applicant’s sister, having been
appointed conservator of his estate, has submitted an application on
behalf of her brother, requesting reconsideration. Her complete
submission, with attachment, is at Exhibit F.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit G.
On 10 Oct 07, a copy of the FBI report was forwarded to the applicant’s
sister for review and comment within 30 days. At the same time the AFBCMR
staff offered the applicant’s sister an opportunity to provide information
pertaining to her brother’s activities since leaving the service (Exhibit
H).
In response to the FBI report, applicant’s sister gives her account of the
incidents listed on her brother’s FBI report. She states her brother is
not stable enough to know anything. Her brother never got the help he
needed. He was placed in a nursing home so that someone could help him.
She concludes her brother did not go out looking for trouble, but
sometimes bad things do happen. Her brother is still in a nursing home,
and will be there for the rest of his life.
Her complete response, with attachments, is at Exhibit I.
__________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We took notice of the complete
submission in judging the merits of the case; however, we find no evidence
of an error or injustice that occurred in the discharge processing. Based
on the available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge regulation
and within the commander’s discretionary authority. No evidence has been
provided which would lead us to believe the characterization of his
service was contrary to the provisions of the governing regulation, unduly
harsh, or disproportionate to the offenses committed. We considered
upgrading the discharge based on clemency; however, we do not find the
evidence presented is sufficient to compel us to recommend granting the
relief sought on that basis. Therefore, in the absence of evidence to the
contrary, we find no basis upon which to recommend granting the relief
sought.
__________________________________________________________________
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 Docket Number BC-2007-
02383 in Executive Session on 29 November 2007, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Mark J. Novitski, Member
The following documentary evidence pertaining to Docket Number BC-2007-
02383 was considered:
Exhibit E. Record of Proceedings, dated 12 Oct 82,
w/Exhibits A through D.
Exhibit F. DD Form 149, dated 7 May 07, w/atchs.
Exhibit G. FBI Report of Investigation.
Exhibit H. Letter, AFBCMR, dated 10 Oct 07.
Exhibit I. Letter, Applicant, dated 2 Nov 07, w/atchs.
MICHAEL K. GALLOGLY
Panel Chair
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