SECOND ADDENDUM TO RECORD OF PROCEEDINGS

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

XXXXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

The Board reconsider his request to upgrade his dishonorable discharge.

RESUME OF THE CASE

The applicant is a former Air Force airman basic (E-1).

On 30 April 1999, the applicant was dishonorably discharged as the result being found guilty on 3 December 1997, by General Court-Martial.  His punishment included four years confinement, and forfeiture of all pay and allowances.  The applicant was paroled in Mar 00 after serving 2 years, 5 months and 21 days of his 4-year sentence.  On 9 May 2001, the applicant was arrested for simple possession of marijuana and drug paraphernalia.  The applicant at the time of his arrest provided an incorrect date of birth and address.  He also failed to report the arrest to his parole officer.  On 31 July 2001, his parole was suspended and he was re-incarcerated.  On 27 September 2001, the civil criminal charges against the applicant were resolved by nolle prosequi (Latin for “we shall no longer prosecute”).  On 7 January 2002 the applicant was released from confinement after serving five months and seven days.

On 12 July 2011, the Board considered and denied his request for an upgrade of his dishonorable discharge, finding that the Board’s ability to correct records related to a court martial is limited.  Furthermore, 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 A-D, at Exhibit E.

On 16 December 2016, the applicant requested reconsideration of his application.  He contended that 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 were dismissed.

On 10 April 2018, the Board considered and denied his reconsideration request for an upgrade of his dishonorable discharge, finding the applicant had provided insufficient evidence of an error or injustice to justify relief.  Furthermore, the Board concluded clemency was not warranted.  

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

On 14 September 2018, the applicant requested reconsideration of his request for an upgrade of his dishonorable discharge.  He again contends the charges against him that were used as the basis for the dishonorable discharge were dismissed.  He further states while in confinement for a parole violation, he was not given a violation sentence and ended up serving more time than what was part of the original case. His discharge should have been upgraded due to items that were over looked prior to his confinement. 

The applicant provided Federal and State Bureau of Investigation criminal history reports, which indicated that  following his dishonorable discharge, the applicant has been arrested on numerous occasions for larceny, drug possession, and possession of firearms, among other charges. The most recent arrest being in 2014 and 2015 for driving on a revoked/suspended license.

The applicant’s complete submission is at Exhibit I.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board does not find the applicant has overcome the rationale expressed in their previous decisions.  Furthermore, based on the absence of any documentation pertaining to his post-service activities, the Board does not find clemency is appropriate in this case. Therefore, the Board recommends against correcting the applicant’s records.

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-2010-03905-3 in Executive Session on 28 May 2020:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit H:	Addendum Record of Proceedings, w/Exhibits E-G, dated 15 May 2018.
Exhibit I:	Application, DD Form 149, w/atchs, dated 14 September 2018.

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.