RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00020 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to a general (under honorable conditions) discharge or an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He realizes that at the time of his conviction he had made a major mistake. He loved the Air Force and had planned to retire. He wishes he could still serve his country with pride and honor. He has bad health and has not been in trouble since his discharge. He would like funeral rights and prays the Board will forgive his stupid mistakes. He was gainfully employed after discharge until October 2009. He has had to file for Social Security Disability. He has never been in any trouble with law enforcement, except a speeding ticket. He believes his exemplary work record and life style since his discharge warrants an upgrade of his discharge. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, and DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 28 March 1978 and is credited with six years, seven months, and three days of active service. Available records reflect that on 2 December 1983 the applicant, then a senior airman, was tried and convicted by a Special Court-Martial for knowingly and wrongfully using marijuana at divers times between 1 August 1982 and 9 October 1983, wrongfully possessing some amount of marijuana during July 1983, and wrongfully distributing some amount of marijuana on or about 24 August 1983 and on or about 6 September 1983. He was sentenced to a bad conduct discharge, confined to hard labor for three months, and reduced to the grade of airman. The sentence was adjudged on 6 December 1983 the unexecuted portion of the sentence to confinement at hard labor for three months was remitted. On 13 January 1984, the convening authority approved the sentence and findings. The Air Force Court of Military Review affirmed the findings and sentence on 2 March 1984. The United States Court of Military Appeals was not petitioned for review of the case, making the findings and sentence in the applicant’s case final and conclusive under the Uniform Code of Military Justice. The applicant was discharged on 12 December 1984. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) states they were unable to identify an arrest record on the basis of the information furnished. On 9 July 2010, a request for post-service information was sent to the applicant (Exhibit E). As of this date, no response has been received. _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. JAJM states the application is untimely, the applicant has identified no error or injustice related to his prosecution or the sentence, and clemency would be unfair to those individuals who honorably served their country while in uniform. The complete AFLOA/JAJM evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 May 2010 for review and comment within 30 days (Exhibit D). 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. After reviewing all the evidence presented and noting the extreme seriousness of the misconduct committed by the applicant, i.e., the use and distribution of an illegal substance, and the limited post-service information provided, we are not persuaded that clemency is appropriate. The applicant's discharge had its basis in his trial and conviction by a duly constituted military court and he has not identified any errors or injustices related to his prosecution or the sentence. Therefore, we find no basis to grant this request. _________________________________________________________________ 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 Docket Number BC-2010-00020 in Executive Session on 24 August 2010, under the provisions of AFI 36-2603: Mr. XXXX, Panel Chair Mr. XXXX, Member Ms. XXXX, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Dec 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 6 Apr 10. Exhibit D. Letter, SAF/MRBR, dated 21 May 10. Exhibit E. Letter, AFBCMR, dated 9 Jul 10, w/atch. XXXXX Panel Chair