ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02966-2

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider his request to upgrade his discharge from under other than honorable conditions (UOTHC) to general (under honorable conditions).

RESUME OF THE CASE

The applicant is a former Air Force airman first class.

On 12 Mar 19, the Board considered and denied his request that his under other than honorable conditions (UOTHC) discharge be upgraded to general (under honorable conditions), finding that the applicant had provided insufficient evidence of an error or injustice to justify relief.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit E.

On 6 Dec 19, the applicant requested reconsideration of his request.  He contends he has an Associate’s Degree in Bio-Medical Engineering Technology and currently pursuing a Bachelor’s Degree.  He has been a model citizen and parent to his daughters.  He has inspired others to better themselves via his personal testimony.  He is a business owner of a vocational school - which trains and certifies individuals in Fiber Optics Installation.  He provides training and certifications to offenders, veterans and college students.  This is his way of giving back by empowering and using his life as a guide to others that they can to have a second chance.  The applicant provides a personal statement, character reference letters and a certificate of course approval.

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

APPLICABLE AUTHORITY

According to AFI 36-3208, Administrative Separation of Airmen, incorporating changes through 8 June 2017, paragraph 1.18, the types of service characterization are as follows: 

Honorable.  The quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is otherwise so meritorious that any other characterization would be inappropriate. 

Under Honorable Conditions (General).  If an airman’s service has been honest and faithful, this characterization is warranted when significant negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman's military record.

Under Other than Honorable Conditions.  When basing the reason for separation on a pattern of behavior or one or more acts or omissions that constitute a significant departure from the conduct expected of airmen.  The member must have an opportunity for a hearing by an administrative discharge board or request discharge in lieu of trail by court-martial.  Examples of such behavior, acts, or omissions include, but are not limited to:

•	The use of force or violence to produce serious bodily injury or death.

•	Abuse of a special position of trust.

•	Disregard by a superior of customary superior - subordinate relationships.

•	Acts or omissions that endanger the security of the United States. 

•	Acts or omissions that endanger the health and welfare of other members of the Air Force.

•	Deliberate acts or omissions that seriously endanger the health and safety of other persons.

•	Rape, sexual assault, aggravated sexual contact, abusive sexual contact, rape of a child, sexual assault of a child, sexual abuse of a child, forcible sodomy and attempts to commit these offenses.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board finds a preponderance of the evidence does not substantiate the applicant’s contentions.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we do not find the evidence presented sufficient to override the previous decision of the Board.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-02966-2 in Executive Session on 6 May 20:

Mr., Panel Chair
Mr., Panel Member
Mr., Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit E:	Record of Proceedings, w/ Exhibits A-D, dated 8 Apr 19.
Exhibit F:	Application, DD Form 149, w/atchs, dated 6 Dec 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.