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CARTER v. ORR

June 27, 1984

Albert H. CARTER, individually and in behalf of all others similarly situated, Plaintiff,
v.
Verne ORR, Secretary of the Air Force, and Air Force Board for Correction of Military Records, Defendants; Albert H. CARTER, Plaintiff, v. Hans Michael MARK, Verne Orr, Thomas Care Reed, John Charles Stetson, Robert N. Meredith, and Michael J. Barret, Jr., Defendants; Albert H. CARTER, Plaintiff, v. J. Dale PAFENBERG, Henry C. Saunders, Neil F. Galloway, M. T. Martin, and William T. Randell, Defendants



The opinion of the court was delivered by: HOGAN

 THOMAS F. HOGAN, District Judge.

 Introduction

 These matters are before the Court pursuant to defendants' motion to dismiss, vigorously opposed by plaintiff. Plaintiff, proceeding pro se, has at this time filed three separate actions in this Court seeking essentially the same relief he has sought since being discharged from the Air Force in 1960; the correction of his military personnel record under the guise of various theories. Because of plaintiff's extensive history of bringing such suits in this jurisdiction as well as many others, Mr. Carter is judicially bound to satisfy certain requirements before filing a cause of action in any federal or state court. *fn1" See Carter v. Telectron, Inc., 452 F. Supp. 944, 1002-3 (S.D.Texas 1977). Because plaintiff failed to satisfy any of the requirements and because the cases have essentially been previously brought before and addressed by other courts, this Court finds that plaintiff's cases must be dismissed.

 Background

 For almost a quarter of a century plaintiff has been continuously filing suits in many courts throughout the country seeking in one form or another the correction of his military personnel record. Plaintiff is indeed a very experienced pro se litigant, having at one time been recognized as the plaintiff in at least 178 suits. (See Carter v. Telectron, Inc., supra at 954-988 for a list and summary of the then known 178 cases maintained by Carter.)

 Plaintiff's longstanding relationship with the judicial process as a pro se litigant began more than 20 years ago, while he was a United States Air Force Officer. As described at great length in Carter v. Telectron, Inc., supra, 452 F. Supp. at 946-47; Carter v. United States, 509 F.2d 1150, 206 Ct.Cl. 61 (1925), modified, 518 F.2d 1199, 207 Ct.Cl. 316, cert. denied, 423 U.S. 1076, 96 S. Ct. 861, 47 L. Ed. 2d 86 (1976), and Carter v. United States, 325 F.2d 697 (5th Cir.1963), cert. denied, 377 U.S. 946, 84 S. Ct. 1353, 12 L. Ed. 2d 308 (1964), Carter was an Air Force Officer from 1948 to 1960 where he excelled as a bombardier-navigator. However, his Air Force career was ruined in 1960 when he was discharged for difficulties with the law concerning a series of criminal acts involving fraud and the related hospitalizations for mental examinations; all of which surfaced in 1959. Carter was eventually incarcerated and it was at this time that plaintiff began his practice of prolific litigation.

 In the three cases presently before this Court, Carter once again seeks to correct his military personnel record. In Carter v. Orr, C.A. No. 83-2046, plaintiff purports to represent "all present and former officers, warrant officers, cadets and enlisted men of the United States Air Force, or its predecessor, the United States Army Air Corps, and of the various reserve components of the Air Force, who presently or in the future may desire to seek relief in the nature of correction of their military records" and seeks an order amending the regulations governing the Air Force Board for the Correction of Military Records ("AFBCMR"). In Carter v. Mark, et al., C.A. No. 83-2216, plaintiff seeks the amendment of his own military record and damages. In Carter v. Pafenberg, et al., C.A. No. 83-2916, plaintiff alleges that the named members of the AFBCMR improperly denied his application for the correction of his military personnel record and seeks damages against them. In bringing these actions, Carter never once sought to comply with the requirements imposed by Judge Bue's injunction and for that reason alone plaintiff's cases should be dismissed.

 These cases can also be dismissed on the grounds of res judicata. All three actions concern Carter's personal vendetta with the Air Force in having his military personnel record changed and are duplicative and interrelated with cases previously brought by plaintiff in various courts. Mr. Carter's military personnel record was in fact changed from a dishonorable discharge to reflect that he was discharged under "honorable conditions due to severe character disorder." Carter v. United States, supra 509 F.2d at 1157.

 Plaintiff previously had a similar case dismissed by Judge John H. Pratt of this Court on grounds of res judicata. Judge Pratt noted that:

 
this action seems particularly appropriate for applying the doctrine of res judicata. The purpose of that doctrine is to eliminate needless repetitive litigation. It has gone on for over 14 years and involved the energies of at least six courts, not to mention the thousands of hours expended by countless civil servants. Carter v. United States, (Memorandum and Order C.A. No. 76-1181, August 4, 1977, at 4).

 Similarly, in a recent case brought by plaintiff in this Court, again pertaining to military personnel records, Carter v. Department of the Air Force, C.A. No. 83-0985, Judge Gerhard A. Gesell, acting sua sponte, dismissed plaintiff's complaint on grounds of res judicata.

 This Court also sees fit to dismiss plaintiff's three cases now pending. Whatever distinctions plaintiff attempts to make, all three cases are in fact related to and stem directly from his ongoing personal battle with the Air Force. Mr. Carter is not the typical pro se litigant. With over twenty years of experience before the courts, plaintiff is undoubtedly quite familiar with the judicial process. Besides writing well, plaintiff has mastered disguising cases that are obviously related to his continuing battle with the Air Force by trying to make distinctions between the cases and maintaining them as separate causes of action. Judge Bue made it clear that the courts in this country will not tolerate such abuse by imposing an injunction on ...


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