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

IN THE MATTER OF: 			DOCKET NUMBER: BC-2012-00657

 						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

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

RESUME OF CASE:

By, DD Form 149, Application for Correction of Military Record, dated 31 January 2012, the applicant requested his 20 December 2006, non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) be removed, Item 24, character of service, on his DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to change the characterization of his service from under honorable conditions (general) to honorable, he be returned to either the Regular Air Force, Air Force Reserve or Air National Guard in order to retire, he be retired in the grade of Captain (O-3) for length of service, he be retired under the Career Status Bonus Redux Program, and the reason for discharge on his DD Form 214 be changed from “misconduct” to “service met for retirement.  On 11 September 2012, after thoroughly reviewing the applicant’s submissions and the evidence of record the Board agreed with the opinion and recommendation of the Air Force offices of primary responsibility and adopted their rationale as the basis for their conclusion that the applicant was not a victim of an error or injustice, and they found no basis to recommend granting the relief sought in his application.  For an accounting of the facts and circumstances surrounding his request, and the rationale for the earlier decisions by the Board, see the Record of Proceedings, with Exhibits A through G, (Exhibit H (withdrawn)), at Exhibit I.

By, DD Form 149, dated 15 May 2015, the applicant requested reconsideration for the characterization of his service to be changed from under honorable conditions (general) to honorable.  In his submission he admits he was wrong in using marijuana.  He further admits he can no longer carry the guilt and shame after eight years.  He asks the Board for mercy and the U.S. Air Force for forgiveness.  He further states he now works for the Department of Veterans Affairs as a Personnel Contact Representative helping veterans with claims appeals and records.  He has worked in the customer service field for over 24 years…military and civilian combined.  He has on several occasions talked to various Korean War veterans regarding what he did in March 2006; and it was through these discussions and the burden of guilt and shame that led to his need to tell the Board the truth.  He is truly sorry for what he did in the military and the wasted time he caused the Boards in 2009 and 2012.  He asks the Board to please consider his request for an upgrade as an Honorable Post Service Combat Veteran (Exhibit J).  On 24 March 2016, the Board considered and denied the applicant’s request noting that after thoroughly reviewing the additional documentation submitted in support of his appeal and the evidence of record, they did not believe the applicant has overcome the rationale expressed in the previous decision.  While the evidence provided indicated he has made a successful post-service adjustment, and notwithstanding his otherwise good service record, in view of the extreme seriousness of the offense committed during the period of service under review, they were not persuaded that the characterization of his discharge should be upgraded based on clemency.  For an accounting of the facts and circumstances surrounding his request, and the rationale for the earlier decision by the Board, see the Addendum Record of Proceedings, with Exhibits I and J, at Exhibit K.

In September 2015, the applicant submitted a copy of his previously submitted DD Form 149, dated 15 May 2015, with a handwritten note on the bottom of the personal statement indicating “Addition to “new evidence” application submitted May 2015.”  The new evidence provided in this submission is a brief statement on how he and his wife coped with the loss of their unborn child and the 2005 loss of to their home due to Hurricane Katrina, and a copy of a five-page flood and damage evaluation.  He reiterates that he was wrong in using marijuana and asks for forgiveness and mercy from the Air Force and Board.  He further noted that while this was a difficult time his duty performance did not wane because he did not want his actions to affect the morale and good order and discipline of the unit and he wanted a second chance.  

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

THE BOARD CONCLUDES THAT:

1.  In earlier findings, the Board determined there was insufficient evidence to warrant 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 the previous decisions.  While the evidence provided indicates that the applicant has made a successful post-service adjustment, and notwithstanding his otherwise good service record, in view of the extreme seriousness of the offense committed during the period of service under review, we are not persuaded that the characterization of his discharge should be upgraded.  Therefore, in view of the above, and in the absence of evidence to the contrary, we find no basis upon which to recommend favorable reconsideration of the applicant’s 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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2012-00657 in Executive Session on 23 Jun 16, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-00657 was considered:

Exhibit K.  Addendum Record of Proceedings, dated 8 Apr 16,
W/Exhibit J and Exhibit I - Record of Proceedings dated 14 Dec 12 w/Exhibits A through G (Exhibit H (withdrawn)).
	Exhibit L.  DD Form 149, dated 14 May 15, w/atchs.

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.