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
________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to honorable.
________________________________________________________________
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 applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
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
applicants 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.
________________________________________________________________
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
applicants 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.
________________________________________________________________
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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