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AF | BCMR | CY2008 | BC-2007-02383
Original file (BC-2007-02383.doc) Auto-classification: Denied

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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