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

IN THE MATTER OF: 			DOCKET NUMBER: BC-2002-01813

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to honorable or general.

RESUME OF CASE:  

On 27 May 2003, the Board for Corrections of Military Records (BCMR) considered and denied the applicant’s request to upgrade his BCD discharge.  In this respect, the evidence of record indicates that he was sentenced to a BCD, confinement for 2 years and 9 months, and forfeitures of all pay and allowances as a result of his conviction by general court-martial for damaging property and theft.  For an accounting of the facts and circumstances surrounding the applicant’s discharge; and, the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit E.

By application, dated 8 September 2014 (received on 21 July 2015), the applicant now requests his discharge be upgraded based on clemency.  In support of his request, he provides a personal statement and letters of support.  In his personal statement, he notes that he is a single father of four daughters and is a tax paying citizen who is active in his community and church.  He has a degree and a career in telecommunications as an Engineer.  Since his discharge, he has lived a productive and positive life.  He has no criminal record to speak of.

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

The AFBCMR forwarded the Clemency Bulletin to the applicant on 18 December 2016 for review and comment within 30 days (Exhibit G and H).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

In an earlier finding, the Board determined that there was insufficient evidence to warrant any corrective action.  After thoroughly reviewing the additional documentation submitted in support of his appeal and the evidence of record, we do not believe the applicant has overcome the rationale expressed in our previous decision.  However, the Board would like to point out that if the applicant were to provide additional post-service information, we may be willing to reconsider his request based on clemency.  Therefore, in view of the above, and in the absence of evidence to the contrary, we find no basis upon which to recommend favorable consideration of the applicant’s request.  

THE BOARD DETERMINES THAT:

The applicant be notified that the additional 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 AFBCMR Docket Number BC-2002-01813 in Executive Session on 17 November 2016 and 19 December 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit E.  Record of Proceedings, dated 1 Jul 03, w/Exhibits
  C and D.
	Exhibit F.  DD Form 149, dated 8 Sep 14, w/atchs.
	Exhibit G.  Letter, AFBCMR Clemency Bulletin, dated
                 18 December 2016, w/atch.
	Exhibit H.  Email, AFBCMR, dated 18 December 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter with regard to AFBCMR Docket Number BC-2002-01813.