ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02446-2 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded points and attendance credit for all of his Unit Training Assemblies (UTA) during the period May 09 through Mar 12, and he be transferred to the Retired Reserve. RESUME OF THE CASE: On 8 May 14, the Board considered and denied the applicant’s original request that the same corrections be made to his records. In the original case, the applicant contended he was given an illegal order directing him not to attend UTAs after his 19 May 09 arrest for possession of heroin, based upon his argument that to ban him from training while he was undergoing administrative discharge procedures was a defacto discharge without due process. In addition, in his rebuttal he contended that since the Virginia Air National Guard (VA ANG) published a supplement to the applicable Air Force Instruction on 1 Feb 12 which specifically prohibits members in the applicant’s situation from participating in UTA, this confirms the power to deny his participation in UTAs did not exist in 2009 prior to publication of the AFI supplement. In this case, the Board agreed with the opinion of SAF/MRBP that by the nature of the commander’s position and the military structure, the ANG commander did have the authority to issue said order, and that lack of written guidance in an AFI supplement at the time does not render that order illegal. For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit I. On 9 Mar 14, the applicant submitted a request for reconsideration of his original application, reiterating the same argument that the ANG commander did not have the authority to prevent the applicant from attending UTAs, based upon the rationale previously provided in the rebuttal to the original application that prior to the publication of the AFI supplement, the commander did not have the authority to issue such an order. In support of this contention, the applicant submitted three statements for the record from individuals associated with the VA ANG, attesting to the fact that they were aware of two uniformed members of the VA ANG who had failed drug tests but subsequently had been allowed to continue to serve as members of the VA ANG. The applicant’s complete submission, with attachments, is at Exhibit J. THE BOARD CONCLUDES THAT: After again reviewing the evidence in the applicant’s case, and taking into consideration the additional documentation provided by the applicant, we remain unconvinced that corrective action is warranted. While the Board notes the letters submitted by the applicant which make reference to other unnamed individuals in his organization, the Board will restrict itself to deliberating on the available facts and circumstances associated with the applicant’s current case. The Board concurs with the determination of the original BCMR panel that due to the nature of the commander’s position and the military structure, the ANG commander did have the authority to issue said order, and that lack of written guidance in an AFI supplement at the time does not render that order illegal. Furthermore, the Board does not find these hearsay statements sufficient to conclude that the applicant was deprived of rights to which he was entitled, there was an abuse of discretionary authority, or that the applicant was treated differently than others similarly situated. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2013-02446 in Executive Session on 19 Mar 15 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02446 was considered: Exhibit I.  ROP, dated 19 May 14. w/atchs. Exhibit J.  DD Form 149, dated 9 Mar 14, w/atchs.