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AF | BCMR | CY2009 | BC-1990-01998
Original file (BC-1990-01998.doc) Auto-classification: Denied

                                 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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