RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-1990-00576
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He had a fine career and was treated unfairly by the Air Force.

In support of his request, the applicant provides copies of his 
DD Form 256AF, Honorable Discharge Certificate;  DD Form 214, 
Report of Separation from Active Duty; DD Form 214, Certificate 
of Release or Discharge from Active Duty; Certificate of 
Appointment and  Performance Reports.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

On 19 Aug 1976, the applicant entered the Regular Air Force.

According to the JAJM advisory dated 15 Feb 1990, on 20 Mar 
1986, the applicant was randomly selected to give a urine sample 
for testing to determine if he was using illegal or controlled 
substances.  The sample was tested at the Air Force Drug Testing 
Laboratory, Brooks AFB, Texas, and the results were positive for 
the presence of marijuana metabolites.

On 5 May 1986, the applicant was notified by his commander of 
his intent to impose nonjudicial punishment against him under 
Article 15 Uniform Code of Military Justice (UCMJ), for 
violation of Article 112a, UCMJ for the wrongful use of 
marijuana between on or about 21 Feb 1986 and on or about 21 Mar 
1986. 

The applicant consulted counsel and, on 27 May 1986, demanded 
trial by court-martial.  He was tried by Special Court-Martial 
(SPCM) on 26 Aug 1986.  Despite his “not guilty” plea, the court 
found him guilty of wrongful use of marijuana in violation of 
Article 112a, UCMJ.  He was sentenced to a BCD and reduction to 
the lowest enlisted pay grade.  The convening authority approved 
the findings and sentence.  On appeal, the Air Force Court of 
Military Review (COMR) affirmed the applicant's conviction and 
sentence on 10 Mar 1987.  On 16 Nov 1988, the U.S. Court of 
Military Appeals affirmed the decision of the COMR.

On 20 Mar 1989, he was separated with a BCD.

On 11 Sep 1989, the applicant requested the AFBCMR correct his 
record to reflect that he be retried, or a further examination 
of his trial be made.  On 23 May 1990, the AFBCMR denied the 
applicant’s request.

On 28 Jun 2013, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C), as of this date, no response has been received by 
this office.

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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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We note this 
Board is without authority to reverse, set aside, or otherwise 
expunge a court-martial conviction.  Rather, in accordance with 
Title 10, § 1552(f), our actions are limited to corrections to 
the record to reflect actions taken by the reviewing officials 
and action on the sentence of the court-martial for the purpose 
of clemency.  We find no evidence which indicates the 
applicant’s service characterization, which had its basis in his 
court-martial conviction and was a part of the sentence of the 
military court, was improper or that it exceeded the limitations 
set forth in the UCMJ.  We considered upgrading the discharge on 
the basis of clemency; however, after considering the 
applicant's overall quality of service, the court-martial 
conviction which precipitated the discharge, the seriousness of 
the offenses of which convicted, and noting the lack of 
documentation pertaining to his post-service activities, we 
cannot conclude that clemency is warranted.  In view of the 
above and in the absence of evidence to the contrary, we find no 
basis to recommend approval based on the current evidence of 
record.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 this application 
in Executive Session on 19 Nov 2013, under the provisions of AFI 
36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered: 

    Exhibit A.  DD Form 149, dated 7 Jan 2013, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 28 Jun 2013, w/atch.




                                   
                                   Panel Chair
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