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


IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02778

	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  YES


________________________________________________________________

APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded on the basis of 
clemency.

________________________________________________________________

RESUME OF CASE:

On 20 Jan 11, the Board considered and denied the applicant’s 
request that his 1992 court-martial, as well as the fine imposed 
as part of the sentence, be set aside and the Board order a 
retrial, or provide him retirement in the grade of chief master 
sergeant (E-9), with all rights and benefits, to include an 
honorable discharge.  The applicant contended that he was found 
guilty of crimes he did not commit and that his attorneys failed 
to pursue legitimate evidence of his innocence and failed to 
provide him with an adequate defense because of their adulterous 
relationship with each other during the trial.  For a complete 
accounting of the facts and circumstances of the case and the 
Board’s rationale for its decision, see the Record of 
Proceedings (ROP) at Exhibit I (with Exhibits A through H 
attached).  The applicant was notified of the Board’s decision 
via a notification letter dated 1 Mar 11.  

On 4 Mar 11, the AFBCMR staff received a 28 Feb 11 request from 
the applicant to include additional information in his case 
before the Board.  However, in view of the fact that his case 
had already been concluded and a notification on the Board’s 
decision dispatched to the applicant, said information was not 
considered by the Board.  In support of his request, the 
applicant provided an expanded statement and copies of a 
Certificate of Special Congressional Recognition and related 
correspondence from his Congressman (Exhibit J).

On 14 Apr 11, the applicant requested his discharge be upgraded 
on the basis of clemency.  In support of his request, the 
applicant provides an expanded statement and a copy of a 
Carolina Encouragement Center brochure, a non-profit 
organization apparently founded by the applicant.
The applicant’s complete submission, with attachment is at 
Exhibit K.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  After again reviewing this application and the evidence 
provided in support of his request, we remain unconvinced the 
applicant has been a victim of an error or injustice.  We have 
previously determined the applicant’s bad conduct discharge 
(BCD), which was part of the sentence he received following 
conviction by general court-martial for six specifications of 
accepting or soliciting bribes totaling over $70,000; one 
specification of impersonating an agent of superior authority; 
four specifications of extortion; four specifications of larceny 
of currency, the property of the United States, totaling over 
$20,000; four specifications of violating an Air Force 
Regulation by soliciting or accepting gifts from contractors; 
and two specifications of conspiracy to commit larceny; all in 
violation of various articles of the Uniform Code of Military 
Justice (UCMJ).  In the interest of justice, we considered 
upgrading the applicant’s discharge based on clemency.  However, 
while the applicant has provided a voluminous submission 
describing his accomplishments since leaving the service, we 
remain unconvinced the seriousness of his misconduct has been 
overcome by his post-service activities.  While we acknowledge 
his accomplishments since his discharge, we are not compelled to 
disturb the existing record at this time.

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 hearing is not favorably 
considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of probable material error or 
injustice; 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-2002-02778 in Executive Session on 27 Sep 11, under 
the provisions of AFI 36-2603:

	Ms. XXXXXXXXXX, Panel Chair
	Mr. XXXXXXXXXX, Member
	Ms. XXXXXXXXXX, Member

The following additional documentary evidence pertaining to 
AFBCMR Docket Number BC-2002-02778 was considered:

		Exhibit I.  Record of Proceedings (ROP), dated 1 Mar 11
	(with Exhibits A through H).
    	Exhibit J.  Letter, Applicant, dated 28 Feb 11, w/atchs.
	 Exhibit K.  Letter, Applicant, dated 14 Apr 11, w/atch.



                                   XXXXXXXXXX
                                   Chair