RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2014-01928

 				COUNSEL:  NONE

				HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT: 

His bad conduct discharge (BCD) be upgraded to general (under 
honorable conditions).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was used as a scape goat.  He did his jail time and retired 
after a 28-year career with a brewing company.

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

________________________________________________________________

STATEMENT OF FACTS:

According to documents extracted from the automated records 
management system (ARMS), the applicant is a former member of 
the regular Air Force.  

On 19 October 1983, he was found guilty of wrongfully 
distributing LSD, wrongfully possessing marijuana and wrongfully 
using marijuana, in violation of Article 134, Uniform Code of 
Military Justice (UCMJ); and violating a lawful order, in 
violation of Article 92, UCMJ.  He was sentenced to a bad 
conduct discharge, confinement with hard labor for 15 months, 
forfeiture of $200.00 pay per month for 15 months and reduction 
to airman.  He was discharged on 19 December 1984 with a bad 
conduct discharge 

________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  In accordance with 10 U.S.C 
1552(f)(2), the Board may take actions on the sentence of a 
court-martial for clemency.  In this case, the applicant was 
found guilty, in contrast to his plea, of distribution of LSD, 
in violation of Article 134, UCMJ.  He was also found guilty, 
pursuant to his pleas, of possession of marijuana, in violation 
of Article 134, UCMJ, and possession of drug paraphernalia, in 
violation of Article 92, UCMJ.  He was sentenced to 15 months 
hard labor without [sic] confinement, forfeiture of $200.00 pay 
per month for 15 months and reduction to the grade of airman.

On 16 January 1984, the general court-martial convening 
authority approved the sentence as adjudged.  On 18 May 1984, 
the Air Force Court of Military Review found the approved 
findings and the sentence correct in law and fact.  On 3 October 
1984, the Court of Military Appeals denied the applicant’s 
petition for a grant of review.  On 22 June 1984, the general 
court-martial convening authority ordered the applicant’s bad 
conduct discharge be executed.

There was no error or injustice with the court-martial process 
which would warrant upgrading the applicant’s discharge 
characterization.

The complete JAJM evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted a copy his Federal Bureau of 
Investigation (FBI) report which revealed they have no arrest 
data (Exhibit D). 

________________________________________________________________

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, United States Code, Section 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 Uniform Code of Military 
Justice (UCMJ).  We have considered the applicant's overall 
quality of service, the court-martial conviction which 
precipitated the discharge, the seriousness of the offenses to 
which convicted.  There was insufficient evidence submitted 
attesting to the applicant’s post-service accomplishments to 
conclude that clemency at this time is warranted.  In view of 
the above, we cannot recommend approval based on the current 
evidence of record.

________________________________________________________________

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 AFBCMR Docket 
Number BC-2014-01928 in Executive Session on 5 February 2015, 
under the provisions of AFI 36-2603:

	
The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 5 May 14, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records Excerpts.
  Exhibit C.  Letter, AFLOA/JAJM, dated 10 Jul 14.
  Exhibit D.  Letter, FBI Investigative Report, dated 25 Aug 14.
  Exhibit E.  Letter, SAF/MRBR, dated 30 Sep 14.