SECOND ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-01813-3

  	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to honorable or general.

RESUME OF CASE:

On 27 May 2003, the Board for Corrections of Military Records (BCMR) considered and denied the applicant’s request to upgrade his BCD discharge.  The record indicates he was sentenced to a BCD, confinement for 2 years and 9 months, and forfeitures of all pay and allowances because of his conviction by general court-martial for damaging property and theft.  For an accounting of the facts and circumstances surrounding the applicant’s discharge; and, the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit E.

On 17 Nov and 19 Dec 16, the BCMR reconsidered and once again denied the applicant’s request; however, the Board pointed out that if he were to provide additional post-service information, they might reconsider his request to upgrade his discharge.  For an accounting of the facts and circumstances surrounding the applicant’s reconsideration request and the rationale of the Board’s decision, see Addendum ROP at Exhibit I.  

On 13 Feb 18, the applicant responded to the Board’s request and now provides post-service information.  In support of his appeal he provides a copy of his FBI report, dated 15 May 17, that reflects the charges from his court-martial; however, there are no other charges reflected on the report.  In addition, he provides letters of support, pictures, and a Certificate of Appreciation.  After being discharged from the Air Force, he obtained an Electrical Engineering degree and has been working in the telecommunications arena for approximately 18 years.  He now owns his own home and is an avid outdoorsman who loves hunting and bass fishing.  He asks the Board to review and consider his latest submission in hopes of having his discharge upgraded.  For more information, see the applicant’s submission at Exhibit J.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After reviewing all Exhibits, the Board does not find the new evidence sufficient to warrant an upgrade of his discharge on the basis of clemency.  Should the applicant provide additional post-service information, such as educational accomplishments, employment history, and contributions to his community since leaving the service, the Board may be willing to reconsider his request.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2002-01813-3 in Executive Session on 5 Sep 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit I:   Addendum ROP, dated 20 Dec 16, w/Exhibits A-H.
Exhibit J:	Recon Application, DD Form 149, w/atchs, dated 13 Feb 18.

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