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

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02383
								INDEX CODE:  110.00

								COUNSEL:  NONE  
								HEARING DESIRED:  NO 

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APPLICANT REQUESTS THAT:

Applicant’s sister requests that his discharge be upgraded.

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RESUME OF CASE:

On 5 Feb 82, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request to upgrade his discharge.

On 30 Aug 82, the AFBCMR considered and denied the applicant’s request to upgrade his undesirable discharge.  The AFBCMR agreed with the rationale of the AFDRB and adopted their rationale as the basis for denial.  For an accounting of the facts and circumstances surrounding both the AFDRB and AFBCMR decisions, and the rationale of the earlier decisions, see the Record of Proceedings (ROP) at Exhibit E.

Subsequent to the AFBCMR decision, the applicant’s sister, having been appointed conservator of his estate, has submitted an application on behalf of her brother, requesting reconsideration.  Her complete submission, with attachment, is at Exhibit F.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit G.  

On 10 Oct 07, a copy of the FBI report was forwarded to the applicant’s sister for review and comment within 30 days.  At the same time the AFBCMR staff offered the applicant’s sister an opportunity to provide information pertaining to her brother’s activities since leaving the service (Exhibit H).

In response to the FBI report, applicant’s sister gives her account of the incidents listed on her brother’s FBI report.  She states her brother is not stable enough to know anything.  Her brother never got the help he needed.  He was placed in a nursing home so that someone could help him.  She concludes her brother did not go out looking for trouble, but sometimes bad things do happen.  Her brother is still in a nursing home, and will be there for the rest of his life.  

Her complete response, with attachments, is at Exhibit I.

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THE BOARD CONCLUDES THAT:

Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority.  No evidence has been provided which would lead us to believe the characterization of his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.   

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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 Docket Number      BC-2007-02383 in Executive Session on 29 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-02383 was considered:

    Exhibit E.  Record of Proceedings, dated 12 Oct 82, 
                w/Exhibits A through D.
    Exhibit F.  DD Form 149, dated 7 May 07, w/atchs.
    Exhibit G.  FBI Report of Investigation.
    Exhibit H.  Letter, AFBCMR, dated 10 Oct 07.
    Exhibit I.  Letter, Applicant, dated 2 Nov 07, w/atchs.