ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1990-01998
INDEX CODE: 135.02
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated to an active duty position with the Air Force Reserve.
_________________________________________________________________
RESUME OF CASE:
On 17 July 1991, that part of the applicant’s original request to be
reinstated into the Texas Air National Guard (TXANG) was considered and
denied by the Board as a matter not falling under the Board’s authority.
From 1991 through late 2008, the Board has received numerous rebuttals to
the Board’s decision, FOIA requests, Congressional and White House
inquiries – all of which have been answered. Additionally, the applicant
applied for reconsideration on 26 October 2001 and 1 May 2003, both of
which were denied. 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 at Exhibit J.
On 20 October 2008, he requested reconsideration based on new evidence and
his presentation of a modified request. While the AFBCMR does not have the
authority to reinstate former military members to the Air National Guard
(ANG), the Board can reinstate members to active duty with either the Air
Force or Air Force Reserve. His request is that the Board reconsiders his
case and approves his reinstatement to an active duty position with the Air
Force Reserve.
Applicant’s submission, with attachments, is at Exhibit K.
_____________________________________________________________
THE BOARD CONCLUDES THAT:
1. After again reviewing this application and the evidence provided in
support of his appeal, we remain unpersuaded that his records should be
corrected by this Board, to include his reinstatement into an active duty
position with the AFRES. The evidence he has presented in his latest
submission fails to sustain his burden of proof that an error or injustice
occurred with regard to his separation from the TXANG on 12 April 1989.
Nor has he shown that he has been the victim of reprisal under 10 USC
Section 1034. Therefore, there is no basis to warrant favorable
consideration of his request.
2. 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 issue(s) 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; 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 23 June 2009, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Joseph D. Yount, Member
Ms. Debra M. Czajkowski, Acting Panel Chair
The following additional documentary evidence was considered:
Exhibit J. Record of Proceedings, dated 23 Aug 91, w/atchs.
Exhibit K. Applicant’s DD Form 149, dated 20 Feb 08,
w/atchs.
DEBRA M. CZAJKOWSKI
Acting Panel Chair
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