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

IN THE MATTER OF:	DOCKET NUMBER:  01-03052
		INDEX CODES:  105.00, 126.03,
				        126.04, 111.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His conviction by summary court-martial be expunged from his records.

The nonjudicial punishment under Article 15, imposed on 17 Jun 97, be set aside and removed from his records.

The letters of reprimand (LORs) dated 1 Feb 99 and 6 Nov 00 be voided and removed from his records.

The letters of counseling (LOCs) dated 6 Jul 98, 17 Nov 98, and 3 Dec 98, be voided and removed from his records.

The Enlisted Performance Reports (EPRs) closing 18 Jul 97, 13 Feb 99, and 12 Aug 00 be voided and removed from his records

He be reinstated to active duty in the grade of staff sergeant.

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STATEMENT OF FACTS:

On June 18, 2002, the Air Force Board for Correction of Military Records (AFBCMR) considered and denied an application pertaining to the subject applicant, in which he requested that his conviction by summary court-martial be expunged from his records; the nonjudicial punishment under Article 15, imposed on 17 Jun 97, be set aside and removed from his records; the letters of reprimand (LORs) dated 1 Feb 99 and 6 Nov 00 be voided and removed from his records; the letters of counseling (LOCs) dated 6 Jul 98, 17 Nov 98, and 3 Dec 98, be voided and removed from his records; the Enlisted Performance Reports (EPRs) closing 18 Jul 97, 13 Feb 99, and 12 Aug 00 be voided and removed from his records; and, that he be reinstated to active duty in the grade of staff sergeant.  A complete copy of the Record of Proceedings is attached at Exhibit H (with Exhibits A through G).

On 25 Sep 02, the applicant requested reconsideration of the application, indicating that he has taken it upon himself to bear the endeavor of providing sufficient proof concerning the issues raised in his original application, of which he has addressed in detail.  His clear objective is to honestly regain what was taken from him so unfairly and abruptly.  

Applicant’s complete submission, to include documents pertaining to computer forensics and processing of evidence and two supporting statements, is at Exhibit I.

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THE BOARD CONCLUDES THAT:

1.  Regarding the applicant’s request that his conviction by summary court-martial be expunged from his records, as he has been previously advised, it is not within the statutory authority of this Board to change the finding or verdict of a court-martial.  The Board does have the authority to correct the record to reflect actions taken by the reviewing official and action on the sentence based on clemency.  However, after a thorough review of the evidence presented, we again find no basis to do so.  Therefore, the applicant’s request is not favorably considered.

2.  Concerning the applicant’s requests that the nonjudicial punishment under Article 15, imposed on 17 Jun 97, be set aside and removed from his records; the LORs dated 1 Feb 99 and 6 Nov 00 be voided and removed from his records; the LOCs dated 6 Jul 98, 17 Nov 98, and 3 Dec 98, be voided and removed from his records; the EPRs closing 18 Jul 97, 13 Feb 99, and 12 Aug 00 be voided and removed from his records; and, that he be reinstated to active duty in the grade of staff sergeant, we also previously determined that there was insufficient evidence to warrant any corrective action.  We have reviewed his most recent submission and find the evidence provided insufficient to warrant a reversal of our previous determination in this case.  Regarding the applicant’s request to have the 1 Feb 99 LOR removed from his records, we did take note of the statement from the individual who claimed to have been the applicant’s former flight commander.  He indicated that the LOR was pulled from the applicant’s personnel information file but resurfaced in the file contrary to his intent.  However, we note that this individual was not the one who actually signed the LOR.  The LOR was signed by the squadron section commander and the applicant has not provided a statement of support from that individual.  Accordingly, we remain unpersuaded that corrective action on the 1 Feb 99 LOR is warranted.  Furthermore, no evidence has been presented which has shown to our satisfaction that the information used as a basis for the Article 15, LORs, and LOCs was erroneous or were the result of an abuse of discretionary authority, or that the contested EPRs were inaccurate assessments of the applicant’s performance at the time they were prepared.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, we conclude that no basis exists to act favorably on the applicant’s requests.

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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.

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The following members of the Board considered AFBCMR Docket Number 01-03052 in Executive Session on 9 Dec 02, under the provisions of AFI 36-2603:

The following additional documentary evidence was considered:

    Exhibit H.  Record of Proceedings, dated 9 Jul 02, w/atchs.
    Exhibit I.  Letter, applicant, dated 25 Sep 02, w/atchs.