ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2010-03905

 	COUNSEL: NONE

 	HEARING: NO

APPLICANT REQUESTS THAT:

His dishonorable discharge be upgraded.

RESUME OF THE CASE:

On 30 Apr 99, the applicant was discharged with a dishonorable discharge and a narrative reason for separation of court-martial-other.  

On 12 Jul 11, the Board considered and denied a request for upgrade of his dishonorable discharge.  The Board’s ability to correct records related to court martial is limited.  There was no evidence the service characterization which had its basis in his court martial conviction was improper or that it exceeded limitations set forth in the Uniform Code of Military Justice.  The Board concluded based on the evidence of record, clemency was not warranted.  

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings, with Exhibits, at Exhibit E.  

On 16 Dec 16, the applicant requested reconsideration of his application.   Since the time of his release from confinement he has been submitting requests for upgrade of his discharge without proper resolution or direction.  The charges used against him for the dishonorable discharge characterization were dismissed.

The applicant’s complete submission is at Exhibit F.

On 25 Sep 17, the AFBCMR afforded the applicant an opportunity to provide information pertaining to his post-service activities.  As of this date, no response has been received (Exhibit G).  

THE BOARD CONCLUDES THAT:

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.  Furthermore, the Board concluded clemency is not warranted.  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-2010-03905 in Executive Session on 10 Apr 18:

 , Panel Chair
 , Panel Member
 , Panel Member

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

Exhibit E:	Record of Proceedings, w/ Exhibits A-D, dated 25 Jul 11.
Exhibit F:	Application, DD Form 149, w/atchs, dated 16 Dec 16.  
Exhibit G. Letter, AFBCMR, w/atch, dated 25 Sep 17.  

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