ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2010-01852-2

		COUNSEL:  NO
		
		HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 29, “Dates of Time Lost During This Period,” which reflects 27 April 1981 through 28 April 1981, be removed from his record.  

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RESUME OF CASE:

On 11 Jan 11, the Board considered and denied the applicant’s original request to correct his records.  In the original case, the applicant contended the convening authority overturned his conviction by a special court-martial (SPCM) for an additional charge and one specification of failure to go, in violation of Article 86, Uniform Code of Military Justice (UCMJ).  As such, he should not have any lost time annotated on his DD Form 214.  For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit F. 

On 18 March 2013, the applicant submitted a statement requesting reconsideration of his case.  As new evidence in support of his request, he submitted a special court-martial order, dated 31 July 1981, which indicates pursuant to the authority of paragraph 94, Manual of Court Martial (MCM), the findings of guilty for the additional charge and its specification in the SPCM of the applicant are set aside and the charge dismissed.  The applicant contends he was not in possession of this supporting documentation at the time of his original submission.  

The applicant’s complete submission, with attachment, is at Exhibit G.

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends approval, indicating the convening authority may for any reason or no reason set aside any finding of guilty and of the charge, which happened in this case.  On 31 July 1981, the SPCM set aside the finding and dismissed the applicant’s charge of Article 86.  Since the convening authority exercised his authority to set aside the Article 86 charge, there should be no reference to loss of time associated with the Article 86 charge on the DD Form 214.  

A complete copy of the AFLOA/JAJM evaluation is at Exhibit H.  

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APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 12 Mar 14 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit I).  

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THE BOARD CONCLUDES THAT:

After again reviewing this application and the new evidence provided by the applicant in support of his appeal, we believe that his request for lost time to be removed from his records should be granted.  The documentation provided by the applicant substantiates his assertion that the convening authority set aside the additional charge and its specification.  As such, we find the evidence sufficient and recommend his records be corrected as indicated below.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that Block 29, Dates of Time Lost During This Period, of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his honorable discharge on 15 December 1981, be corrected to reflect “None,” instead of “27 April 1981 – 28 April 1981”.  

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The following members of the Board considered the applicant’s request for reconsideration of AFBCMR Docket Number BC-2010-01852 in Executive Session on 29 Apr 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit F.  ROP, dated 13 Jan 10, with atchs. 
	Exhibit G.  Letter, Applicant, dated 20 Feb 13, w/atchs.
	Exhibit H.  Letter, AFLOA/JAJM, dtd 6 Mar 14.
	Exhibit I.  Letter, SAF/MRBR, dtd, 12 Mar 14.




                                   
		Panel Chair