ADDENDUM TORECORD OF PROCEEDINGSAIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDSIN THE MATTER OF: 				DOCKET NUMBER: BC-2009-02949  						COUNSEL:  NONE						HEARING DESIRED:  NO APPLICANT REQUESTS THAT:His Bad Conduct Discharge (BCD) be upgraded to honorable.  APPLICANT CONTENDS THAT:Everything was going well for him in the service until his roommate got into trouble.  He was thrown into the incident and was investigated.  He had no wrong doing and was penalized for something he did not do.  He did not have a fair trial.  He was not given the opportunity to defend himself and was discriminated against.  He was convicted on a mistrial and was without legal representation. He is asking for an opportunity to clear his name.  He wanted to make the military a career and this incident changed his life.  He is now 52 years old and a father of seven children.  He would like to put the case behind him and obtain the discharge he deserved.In support of his request, the applicant provides letters of support.  The applicant’s complete submission, with attachments, is at Exhibit A.STATEMENT OF FACTS:On 16 Jun 82 the applicant entered active duty.On 5 Aug 83, he was found guilty by a general court-martial of one specification of aiding and abetting the commission of forcible sodomy, Article 125, UCMJ, and one specification of wrongfully communicating a threat, Article 134, UCMJ.  On 2 Nov 83, the convening authority approved the findings and sentence as adjudged and on 11 Sep 87, the United States Court of Military appeals affirmed the decision of the Air Force Court of Military Review and his discharge was ordered to be executed.On 5 Feb 88, he was discharged with a BCD and narrative reason for separation of “Conviction by court-martial (other than desertion).” On 10 Aug 09, the applicant submitted an appeal to the Board requesting his BCD be upgraded to honorable.  On 6 Apr 10, the Board disapproved the applicant’s request.  The Board found no evidence which indicated the applicant’s BCD, which had its basis in his conviction by a general court-martial and was a part of the sentence of the military court, was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice (UCMJ).  The Board determined that because of the extensive Federal Bureau of Investigation (FBI) Report, clemency at the time was not warranted.  The accounting of the facts surrounding his previous request and the rationale of the Board’s earlier decision is at Exhibit B.  On 12 Nov 14, SAF/MRBR provided the applicant with an opportunity to submit information pertaining to his activities since leaving the service.  As of this date, this office has not received a response.  THE BOARD CONCLUDES THAT:1.  The applicant has exhausted all remedies provided by existing law or regulations.2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.3.  In an earlier finding, the Board determined there was insufficient evidence to warrant any corrective action.  After thoroughly reviewing the additional documentation submitted in support of his appeal and the evidence of record, we do not believe the applicant has overcome the rationale expressed in the previous decision.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented sufficient to grant of that basis.  Therefore, in the absence of evidence to the contrary, we find no basis to recommending granting the relief sought.  THE BOARD DETERMINES THAT:The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; 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-2009-02949 484 in Executive Session on 10 Jun 15 under the provisions of AFI 36-2603:	 , MemberThe following documentary evidence was considered:	Exhibit A.  DD Form 149, dated 15 Sep 14, w/atchs.	Exhibit B.  Letter, AFBCMR, dated 21 May 10, w/atchs.   	Exhibit C.  Letter, SAF/MRBR, dated 27 Oct 14.	Exhibit D.  Letter, SAF/MRBR, dated 12 Nov 14, w/atch.