RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:             DOCKET NUMBER:  BC-2014-00162
		COUNSEL:  NONE
		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded.


APPLICANT CONTENDS THAT:

He was not in the country to commit the crimes for which he was 
found guilty.

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


STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16 April 
2001.

The applicant was tried and convicted by a general court-martial 
for being absent without leave (AWOL) terminated by 
apprehension, in violation of Article 86, Uniform Code of 
Military Justice (UCMJ) and for the wrongful distribution of 
marijuana, in violation of Article 112a, UCMJ.  

On 9 December 2004, the applicant was found guilty and was 
sentenced to a BCD and confinement for 18 months.  On 5 November 
2007, the convening authority ordered the applicant’s BCD 
executed.

On 18 December 2007, the applicant was discharged in the grade 
of airman basic with a BCD under the provisions of Court-
Martial.  He served 6 years, 8 months and 3 days on active duty.


AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  JAJM states the applicant was 
afforded all requisite due process.  Although, he argues that he 
could not have committed these crimes, he was found guilty 
beyond a reasonable doubt by a panel of officer and enlisted 
members based on legally and factually sufficient evidence 
according to the Air Force Court of Criminal Appeals.  There is 
no error or injustice associated with the court-martial process 
that would warrant granting relief sought.

The JAJM complete evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided additional documentation in support of 
his appeal (i.e. travel orders, Supplemental Evaluation Sheets, 
certificate for the Air Force Achievement Medal, etc.)

The applicant’s complete submission is at Exhibit E.


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 injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Chief, Military Justice Division and adopt 
their rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.


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-2014-00162 in Executive Session on 18 November 2014, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 7 January 2014, w/atchs.
  Exhibit B.  Letter, AFLOA/JAJM, dated 13 March 2014.
  Exhibit C.  Letter, SAF/MRBR, dated 15 September 2014.
  Exhibit D.  Documentation, Applicant, not dated.
	Exhibit E.  Applicant’s rebuttal