ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-01681-2

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider his request to upgrade his under other than honorable conditions (UOTHC) discharge to honorable.

RESUME OF THE CASE

The applicant is a former Air Force airman first class (E-3), who received a UOTHC discharge, with credit for 2 years, 2 months, and 16 days of active service.  On 28 January 2015, the Board considered and denied his request to upgrade his UOTHC discharge, finding that the applicant had provided insufficient evidence of an error or injustice to justify relief, nor did he provide any evidence related to his post-service activities for considering upgrading the discharge based on clemency.  

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 D.

On 23 March 2020, the AFBCMR received the applicant’s request for reconsideration of his request to upgrade his UOTHC discharge to honorable conditions.  He again contends he has been clean (drug, alcohol, and tobacco free) for almost 30 years, active in his community mentoring kids through his nonprofit organization “No Limit 4 Recovery Clubhouse.”  He has learned two things from the Air Force, commitment and accountability.  In support of his request for reconsideration, the applicant submitted the required FBI report, a personal statement and five character reference letters.  

The applicant’s complete submission is at Exhibit E.

POST-SERVICE INFORMATION

On 24 January 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) (Exhibit F), which the applicant provided on 23 March 2020 (Exhibit G).  According to the report, the applicant was arrested on 14 June 1990 for Firearm Transfer, Conspiracy, and sentenced to 3 years supervised probation.  

APPLICABLE AUTHORITY

On 25 July 2018, the Under Secretary of Defense issued supplemental guidance (Wilke Memo) to military corrections boards in determining whether relief is warranted based on equity, injustice, or clemency.  These standards authorize the board to grant relief in order to ensure fundamental fairness.  Clemency refers to relief specifically granted from a criminal sentence and is a part of the broad authority Boards have to ensure fundamental fairness.  This guidance applies to more than clemency from sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds.  In determining whether to grant relief on the basis of equity, an injustice, or clemency grounds, the Board should refer to the supplemental guidance.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  Each case will be assessed on its own merits.  The relative weight of each principle and whether the principle supports relief in a particular case, are within the sound discretion of each Board.  

The entire guidance can be found at Exhibit H.

According to AFI 36-3208, Administrative Separation of Airmen, incorporating changes through 8 June 2017, paragraph 1.18, the types of service characterization are as follows: 

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.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, the post-service evidence presented was insufficient for a clemency upgrade.  Therefore, the Board recommends against correcting the applicant’s record.

RECOMMENDATION

The Board recommends informing the applicant the post-service evidence was insufficient to warrant upgrading the discharge, 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-2014-01681-2 in Executive Session on 20 August 2020:

, Chair 
, Panel Member
, Panel Member

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

Exhibit D:	Record of Proceedings, w/ Exhibits A-C, dated 28 January 2015.
Exhibit E:	DD Form 149, w/atchs, dated 30 September 2019.
Exhibit F:	Clemency Bulletin, w/atchs, dated 24 January 2020.
Exhibit G:	FBI Report, dated 11 February 2020.
Exhibit H: Documentary Evidence, Wilke Memo, dated 25 July 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.