ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN 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 applicants 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 applicants request. The Board found no
evidence which indicated the applicants 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
Boards 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 in Executive Session on 10 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The 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.
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