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

IN THE MATTER OF: 			DOCKET NUMBER: BC-2013-01648

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His discharge be changed to a Reserve or medical retirement.  

RESUME OF CASE:

On 20 Feb 13, the Board considered and denied a similar appeal.  For an accounting of the facts surrounding his previous request and the rationale of the Board’s earlier decision, see the Record of Proceedings, with attachments at Exhibit H.

By DD Form 149, Application for Correction of Military Record, dated 25 Jun 15, the applicant requests reconsideration and makes additional arguments on the evidence of record.  He is requesting the Board to thoroughly review the new issues he has raised to see the inequity in his former first sergeant by bypassing the commander and going straight to AFOSI and how AFOSI violated its own rules and regulations, as well as Federal Code and Executive Orders.  The Article 32 judge, who should have not been involved in his case, allowed AFOSI and the prosecution to use evidence that was illegally obtained.  Finally, his commander pursued a General Court Martial and then an administrative discharge without the opportunity for probation and rehabilitation, despite glowing statements from his former commander, first sergeant and peers.

In support of his request for reconsideration, the applicant provides a personal statement.  As new evidence, the applicant provides copies of excerpts from AFI 71-101V1, Criminal Investigative Programs, dated 4 Feb 15, DoDI 5508.3; Military Criminal Investigative Organizations (MCIO) and other DoD Law Enforcement Organizations Investigations Of Adult, Private, Consensual Sexual Misconduct; AFI 36-3208, Administrative Separation of Airmen; AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members; AFI 36-2132, Full-Time Support (FTS) to the Air Force Reserve, Executive Order 13262 - Amendments to the Manual for Courts-Martial, United States; the National Institute of Military Justice - BLOG-CAAFLOG; Civil Air Patrol News; a FOIA Requests Status worksheet; DD Forms 214, Certificate of Release or Discharge from Active Duty; AFPC Fact Sheets - Good Conduct Medal, Air Force Longevity Service Award, Air Reserve Forces Meritorious Service Medal and Armed Forces Reserve Medal; ARPC Fact Sheet – Sanctuary; an AGR Tour Curtailment Worksheet; Bronze Medal of Valor citation and certificate, and character statements.

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

THE BOARD CONCLUDES THAT:

1.  We have thoroughly reviewed the evidence of record and considered the weight and relevance of the additional documentation provided by the applicant, and whether or not it was discoverable at the time of any previous application.  While we find the additional documentation rendered in support of the applicant’s request is new, we do not find it relevant.  Once a case has been considered and denied by the Board established by law for that purpose, reconsideration is authorized only where newly discovered relevant evidence is presented which was not available when the application was originally submitted.  Therefore, in view of the above and in the absence of new and relevant evidence, we find no basis to reconsider 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 rehearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the additional evidence presented did not meet the criteria for reconsideration by the Board; 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-2013-01648 in Executive Session on 13 Dec 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01648 was considered:

	Exhibit H.  Original Record of Proceedings, dated 11 Mar 14, 
                 w/atchs A through G.
     Exhibit I.  DD Form 149, dated 25 Jun 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. 
1 2