ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03858 INDEX CODE: 111.05 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded and he receive back pay. ________________________________________________________________ _ STATEMENT OF FACTS: On 5 Aug 03, the Board denied the applicant’s request that his BCD be upgraded to a medical discharge to allow him to receive full Department of Veterans Affairs (DVA) benefits. A copy of the Record of Proceedings is at Exhibit F (with Exhibits A through E). By application, dated 16 Jun 09, the applicant requests reconsideration and contends that he did not receive proper medical treatment for his drug addiction problem prior to his discharge from the Air Force. In support of the appeal, the applicant provides two personal statements, and two letters of support (Exhibit G). Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report, which is at Exhibit H. A copy of the FBI Report was provided to the applicant on 4 Aug 09, for review and response within 30 days. As of this date no response has been received by this office (Exhibit I). ________________________________________________________________ _ THE BOARD CONCLUDES THAT: In an earlier finding, the Board determined that there was insufficient evidence to warrant any corrective action regarding the applicant’s request for upgrade of his BCD. We have reviewed the applicant’s most recent submission and find the evidence provided insufficient to warrant a reversal of our previous determination in this case. The applicant again has not provided any evidence that his service characterization, which had its basis in his conviction by general court-martial and was a part of the sentence of the military court, was improper. The documentation provided with his most recent submission was noted. However, because of the limited nature of the documentation concerning his activities since leaving the service, as well as the extensive FBI report, we are not inclined to recommend upgrading his discharge based on clemency at this time. Accordingly, we find no basis to act favorably on his request for upgrade of his BCD. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; that the application was denied without a personal appearance; and that 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-2002-03858 in Executive Session on 2 Feb 10 under the provisions of AFI 36-2603: ------------, Panel Chair -------------, Member -------------, Member The following documentary evidence was considered under AFBCMR Docket Number BC-2002-03858: Exhibit F. Record of Proceedings, dated 20 Aug 03, w/atchs. Exhibit G. DD Form 149, dated 16 Jun 09, w/atchs. Exhibit H. FBI Report. Exhibit I. Letter, AFBCMR, dated 4 Aug 09, w/atch. -------------- Panel Chair