ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2010-02402
			COUNSEL:  NONE
	 		HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

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

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STATEMENT OF FACTS:

On 7 May 82, the Board considered and denied a request (AFBCMR Docket Number BC-1982-01778) pertaining to the applicant, in which he requested his undesirable discharge be upgraded.  For an accounting of the facts and circumstances surrounding the applicant’s request, and the rationale for the earlier decision of the Board, see the Record of Proceedings, with attachments, at Exhibit E.

By application, dated 21 Jun 10, the applicant requests reconsideration of his request, contending he was a teenager with no direction when he entered military service.

He was cleaning a gun and it discharged, shooting him in the foot.  He had nothing in his records prior to going overseas.  

His spouse was pregnant and he had been guaranteed by the Red Cross that he would be notified immediately when the baby was born, however, he did not hear anything concerning his spouse or their baby.  The only thing he wanted to do was go home.  By the time he received word from the Red Cross, his wife had already given birth, was discharged from the hospital, and had mailed pictures of their baby to him. 

It is hard for him to understand how another individual who was involved with him in most of his incidents received a general (under honorable conditions) discharge, yet he received an undesirable discharge. 

He believes he should be able to receive medical treatment since he was injured while in the military; however, his discharge is preventing this.

His records indicate he received counseling; however, he never did.
He regrets the things in his past and he is not the same person today.  He is now a Christian and has been preaching and sharing God’s words for the past 20 years.  He regrets not attempting to change his discharge sooner.

In support of the appeal, the applicant provides copies of support letters.

The applicant's complete submission, with attachments, is at Exhibit F.

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STATEMENT OF FACTS:

The available records reflect the applicant enlisted in the Regular Air Force on 5 Feb 58.

The applicant’s records are believed to have been destroyed by the 1973 fire at the National Personnel Records Center; however, reconstructed documents reflect the applicant received an undesirable discharge for unfitness.  He was convicted by summary court-martial for being disrespectful toward and threatening a noncommissioned officer; he received two Article 15’s, Uniform Code of Military Justice Nonjudicial Punishment, for being drunk and disorderly conduct, resisting apprehension, and assault.

On 8 Sep 10, a request for post-service information was forwarded to the applicant for a response within 30 days (Exhibit G).  

In response to the Board’s request, the applicant states that after his discharge, he returned home and worked in the family construction business, the Caterpillar Company, and eventually for himself as an operator for heavy equipment maintenance and repair.  He maintained his business for 20 years and had to close it due to a back injury.  

He found his way back through the church doors in 1977 and rededicated his life to the Lord.  In 1982, he received the calling to preach and has since tried to faithfully live his life for the Lord to teach, preach, and spread the word whenever the occasion arises.  He served as interim pastor in both Georgia and Alabama.

His records since his discharge are clean.

He believes none of the situations he encountered while in the military would have occurred had he not encountered the mental stress with his family.  His duty and dedication to the country never suffered and his unit received a Letter of Commendation from one of the foreign countries for the bravery and skills shown on two different aircraft crashes.

The applicant’s complete response, with attachments, is at Exhibit H.

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THE BOARD CONCLUDES THAT:

We have thoroughly reviewed the evidence of record and considered the weight and relevance of the additional documentation provided by the applicant, and whether or not it was discoverable at the time of any previous application. Additionally, we have considered the applicant's overall quality of service, the events which precipitated his discharge, and the available evidence related to post-service activities and accomplishments.  However, based on the evidence of record, the Board majority concludes that clemency is not warranted and notes the applicant has not provided sufficient information of post-service activities and accomplishments.  Should the applicant provide statements from community leaders and acquaintances attesting to his good character and reputation and other evidence of successful post-service rehabilitation, the Board will reconsider this case based on the new evidence.  Therefore, in view of the above and in the absence of relevant evidence, the Board majority finds no basis to reconsider the applicant’s request.

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THE BOARD DETERMINES THAT:

The applicant be notified that the additional evidence presented did not meet the criteria for reconsideration by the Board; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered the applicant’s request for reconsideration of AFBCMR Docket Number BC-2010-02402 in Executive Session on 9 March 2010, under the provisions of AFI 36-2603:  

	, Panel Chair
	, Member
	, Member




By majority vote, the Board voted to deny the application.  XXXX voted to grant the request but did not desire to submit a Minority Report.  The following documentary evidence was considered for AFBCMR Docket Number 1982-01778, presently renumbered as BC-2010-02402:

	Exhibit E.	Record of Proceedings, dated 15 Jun 82, w/atchs.
	Exhibit F.	DD Form 149, dated 21 Jun 10, w/atchs.
    Exhibit G.  Letter, AFBCMR, dated 8 Sep 10, w/atch.
	Exhibit H.  Letter, Applicant, 24 Sep 10, w/atchs.




                                   
                                   Panel Chair

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