ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2009-01230-2

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider his request that his under other than honorable conditions (UOTHC) discharge be upgraded.

RESUME OF THE CASE

The applicant is a former Air Force airman basic, who was credited with 1 year, 10 months, and 13 days of active service.  

On 26 August 2009, the Board considered and denied his request that his under other than honorable conditions (UOTHC) discharge be upgraded, 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 11 December 2019, the applicant requested reconsideration of his request.  He contends that during the time in question, there were no drug treatment centers like the ones that exist today.  In fact, at that time society was so naive that they combined the mental health patients and the drug patients into the same ward in most hospitals.  He has been drug free for approximately 38 years. He has completely turned his life over to Christ.  He is part of the music ministry at a local church.  He also has two degrees, one in Radio and Television Broadcast Journalism, and in Computer Science.  Through all the trials and tribulation, God has stood by him.  Now that he is within his final chapter of life, God has given him an opportunity to serve as an employee for a Drug Treatment facility.  He has been successful in helping his clients turn their life around.  In support of his appeal, he provides a personal statement and character reference letters.

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

POST-SERVICE INFORMATION

On 31 August 2020, the Board sent the applicant a request for post-service information, including a standard criminal history report from the Federal Bureau of Investigation (FBI), or proof of employment where background checks are part of the hiring process (Exhibit G).  As of this date, the applicant has not responded.

APPLICABLE AUTHORITY

According to AFI 36-3208, Administrative Separation of Airmen, the following are types of service characterizations: 

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.

The Under Secretary of Defense memorandum, Guidance to Military Discharge Review Boards and Boards for Correction Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations, dated 25 Jul 18, provides standards for the Discharge Review Boards  and Boards for Correction of Military/Naval Records  in determining whether relief is warranted on the basis of equity, injustice, or clemency. 

The guidance states, in part, that in determining whether to grant relief on the basis of equity, an injustice, or clemency grounds the Boards can consider the applicant’s candor, whether the punishment, including any collateral consequences, was too harsh, severity of misconduct, acceptance of responsibility, remorse, or atonement for misconduct, the degree to which the requested relief is necessary for the applicants and meritorious service in government or other endeavors.

This guidance applies to more than clemency; it also applies to any other corrections, which may be warranted on equity or relief from injustice grounds. 

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice and therefore finds no basis to recommend granting the requested relief.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the applicant did not respond for post-service information, including a standard criminal history report from the Federal Bureau of Investigation (FBI); the Board finds no basis to do so.    Therefore, the Board recommends against correcting the applicant’s record.

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-2009-01230-2 in Executive Session on 18 November 2020:

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-E, dated 9 September 2009.
Exhibit F:	Application, DD Form 149, w/atchs, dated 11 December 2019.
Exhibit G:  Notification of Clemency Guidance, SAF/MRBC to applicant, dated 
	      31 August 2020. 

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.