RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-04126 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He desires to enlist in the Air National Guard. He is deeply sorry for what happened in the past and would like to redeem himself. He is married with two children, has an aircraft maintenance license, he is attending school with 70 credit hours in electronics engineering and is currently employed with the United Parcel Service. He believes he has a lot to offer the military. In support of his request, the applicant provides DD Forms 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, and an unsigned DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 30 November 1994. The applicant was tried by a General Court-Martial on 24 October 1996. Between March 1995 and May 1996, the applicant was accused of stealing or attempting to steal certain items from the mail system. He was charged with one specification of attempting to conspire to steal mail matter, in violation of Article 81, Uniform Code of Military Justice (UCMJ); and stealing certain mail matter, in violation of Article 134, UCMJ. The applicant pled guilty and was sentenced to a BCD, confinement for 10 months, a forfeiture of $500.00 pay per month for 10 months and a reduction to airman basic. The convening authority approved the findings and sentence. The sentence was adjudged on 24 October 1996. The applicant was discharged on 13 November 1998 with a BCD. He served 3 years and 4 months on active duty. The period 24 October 1996 through 7 November 1998 was lost time. ________________________________________________________________ _ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. JAJM states the applicant has identified no error or injustice related to his prosecution or the sentence. An examination of the record of trial shows no error in the processing of the court-martial. Prior to the trial, the applicant entered into a pretrial agreement. This agreement specified that the applicant agreed to plead guilty to the charge and specifications (with some exceptions and substitutions), in exchange for which the convening authority agreed not to approve a sentence including confinement in excess of 10 months. The applicant provides no justification for his request, and clemency is not warranted in this case. The applicant has not provided any letters of support or other documentation to show that he has engaged in any good works or made any improvement in his life since the time of his court-martial. The applicant’s punishment was well within the legal limits and was an appropriate punishment for the offenses committed. Additionally, clemency in this case would be unfair to those individuals who honorably served their country while in uniform. The JAJM complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 23 December 2009, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. On 16 March 2010, the Board staff requested the applicant provide documentation pertaining to his post-service activities, within 30 days (Exhibit E). The applicant states that he truly regrets what he did. Since his discharge he has worked at UPS for two years, has taken over 60 college credit hours, he has a class B driver’s license, and has an aircraft mechanic license airframe and power plant. The applicant’s complete response is at Exhibit F. ________________________________________________________________ _ 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 an error or an injustice. After thoroughly reviewing the evidence of record, we find no evidence to show that the applicant’s discharge as a result of his conviction by court-martial was erroneous or unjust. In view of the foregoing, we agree with the opinion and recommendation of the Military Justice Division and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof of the existence of either an error or an injustice. Therefore, based on the evidence of record, we find no basis to recommend granting the relief sought in this application. 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 issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2007-04126 in Executive Session on 11 May 2010, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXXX, Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-04126 was considered: Exhibit A. DD Form 149, dated 10 October 2009, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 3 December 2009. Exhibit D. Letter, SAF/MRBR, dated 23 December 2009. Exhibit E. Letter, AFBCMR, dated 16 March 2010. Exhibit F. Letter, Applicant, dated 30 March 2010. XXXXXXXXXXXXXXX Panel Chair