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

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-00736 COUNSEL:
HEARING DESIRED:	NOT INDICATED

APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to honorable, or in the alternative to a general (under honorable conditions) discharge.

RESUME OF CASE:
By, DD Form 149, Application for Correction of Military Record, dated 7 Aug 11, the applicant requested his BCD be upgraded to honorable. He contends his characterization of service does not reflect the type of service he performed and that he is sorry for his misconduct. At the time of his offense; he was going through a nasty divorce and began spending time with the wrong people. He admits to have engaged in a sexual relationship with an underage female, but that she misled him as to her age. Since his discharge he has spent his life educating and helping others from making the same mistakes that he made. The applicant was tried and found guilty for carnal knowledge. AFLOA/JAJM recommended the requested relief be denied.  On Oct 12, the Board considered and denied the applicant’s request, determining the evidence presented by the applicant was not sufficient to conclude he was the victim of an error or injustice. For an accounting of the facts and circumstances surrounding his request, and the rationale for the earlier decision by the Board, see the Record of Proceedings, with attachment at Exhibit G.

By, DD Form 149 dated 27 Aug 15, the applicant, through counsel, requests reconsideration for an upgrade of his BCD to an honorable or in the alternative, a general (under honorable conditions) discharge based on clemency. He states he knows the actions he committed against the Uniform Code of Military Justice (UCMJ) were wrong and cost him an honorable career. Between his personal issues and working long hours, he got involved with the wrong crowd and had a lapse in judgment.

On 19 Jan 16, the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service (Exhibit I).

On 22 Mar 16, the applicant, through counsel requested his case be administratively closed until such time as he can obtain his Federal Bureau of Investigation (FBI) background report (Exhibit J).

On 13 Jul 16, the applicant, through counsel requested his case be reopened and provided a copy of his FBI Report and six character statements (Exhibit L).

The applicant’s complete submission, with attachments, is at Exhibits H, J and L.

THE BOARD CONCLUDES THAT:
1.	In earlier findings, the Board determined there was insufficient evidence to warrant any corrective action. After thoroughly reviewing the additional documentation submitted in support of this appeal and the evidence of record, we do not believe the applicant has overcome the rationale expressed in the previous decision. The applicant requests reconsideration for an upgrade of his BCD to an honorable or in the alternative a general (under honorable conditions) discharge based on clemency.  We considered upgrading the discharge based on clemency; however, we do not find the additional evidence presented is sufficient to warrant the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend favorable consideration 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-2012-00736 in Executive Session on 9 Mar 17, under the provisions of AFI 36-2603:

Panel Chair Member Member

The following documentary evidence pertaining to AFBCMR Document Number BC-2012-00736 was considered:

Exhibit G.	Record of Proceeding, dated 24 Oct 12, w/atch. Exhibit H.	DD Form 149, dated 27 Aug 15, w/atch
Exhibit I.	Letter, AFBCMR, dated 19 Jan 16, w/atch. Exhibit J.	Letter, Applicant, dated 22 Mar 16.
Exhibit K.	Letter, AFBCMR, dated 12 May 16.
Exhibit L.	Letter, Applicant, dated 13 Jul 16, 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.