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AF | BCMR | CY1998 | 9800475
Original file (9800475.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  9 8 - 0 0 4 7 5  
COUNSEL:  NONE 

HEARING DESIRED:  NO 

* .- L 

AUG  2 1  5996 

Applicant requests that his dishonorable discharge be upgraded to 
an honorable.  Applicant's submission is at Exhibit A. 

The  appropriate Air  Force  office  evaluated  applicant's request 
and provided  an advisory opinion to the Board  recommending  the 
application  be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the applicant for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient evidence of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 
Accordingly, applicant's request is denied. 
The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of  the  Board  Mr.  Charles  E.  Bennett,  Mr.  Michael  P. 
Higgins, and Ms. Peggy E. Gordon considered this application on 6 
August  1998,  in  accordance  with  the  provisions  of  Air  Force 
Instruction 36-2603, and the governing statute, 10, U.S.C. 1 5 5 2 .  

CHARLES E. AENNETT 
Panel Chair 

Exhibits: 
A.  Applicant's DD Form 1 4 9  
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  AFBCMR Ltr Forwarding Advisory Opinion 

DEPARTMENT  O F  THE AIR  FORCE 
A I R   FORCE  L E G A L  S E R V I C E S  AGENCY  ( A F L S A )  

13 April  1998 

MEMORANDUM FOR AFBCMR 

FROM:  AFLSNJAJM (Maj Hogan) 
1 12 Luke Avenue, Room 343 
Bolling AFB, DC 20332-8000 

SUBJECT:  Correction of Military Records 

- -

 

t’s request:  In an application dated 24 February 1998 
applicant, requests that his dishonorable discharge h 
norable discharge.  The applicant’s dishonorable discharge went into &kc.  op 
14 August 1985.  The application was not submitted within the three-year limitation providexhy 
10 U.S.C.  1552(b) and is untimely.  The applicant states on the DD Form 149 that the reason b 
request was untimely was because he had just discovered he had a right to request the 
characterization of his discharge be upgraded. 

Facts of military justice action: On or about 21 September 1984, a general court- 
martial panel consisting of officers found the applicant, contrary to his pleas, guilty of two 
specifications under Article 134 of the Uniform Code of Military Justice (UCMJ), specifically 
wrongful distribution of marijuana and wronghl distribution of cocaine.  The basis for the 
charge and the specifications was the result of an OS1 sting operation.  An active duty 
government informant purchased marijuana and cocaine h m  the applicant at the applicant’s off- 
base residence. 

The members sentenced the applicant to a dishonorable discharge, confinement for two 

years, forfeiture of all pay and allowances and reduction to airman basic.  The convening 
authority apppved &wntcmc  as adjudged.  On 24 January 1985, the United States Air Force 
Rewiedraed the findings of guilty and the sentence.  On 21 March 1985, 
Court of 
Court of M h a r y  Appeals denied the applicant’s petition for review.  On 9 May 
the United 
1985, the Air P&ec Clemeacy and Parole Board did not approve clemency in the applicant’s 
case.  On 28 June 1985, a final court-martial order was issued ordering the dishonorable 
discharge to be executed.  On 14 August 1985, the applicant was discharged with a dishonorable 
discharge. 

Applicant’s contentions:  The applicant believes his discharge should be upgraded to an 

honorable discharge.  The applicant alleges 

applicant did not indicate Colone 
commander) stated during an office 

e of his court-martial, Colonel 

but it is assumed Colonel 
officers will come up with guilty 

. * -  

_ I

 

Recommendation:  The applicant’s request is untimely and should be denied for failing 

to comply with the statute of limitations.  Further, after reviewing the available records, I 
conclude that administrative relief by this office is not warranted.  The applicant has failed to 
provide a sufficient basis for upgrading his dishonorable discharge to an honorable discharge.  I 
recommend the Board deny this application based upon the statute of limitations, or, if waived, 
deny the application on its merits. 

Associate Chief, Military Justice Division 
Air Force Legal Services Agency 



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