RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01574
INDEX CODE: 106.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons applicant believes he has been the victim of an error
and/or an injustice are contained in his complete submission, which is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Pursuant to General Court-Martial Order No. 2, the applicant was
reduced from the grade of staff sergeant to airman basic and was
separated from the Air Force on 15 November 1991 with a bad conduct
discharge for wrongful use of cocaine. He had 10 years, 3 months, and
29 days of active service and all of his performance reports were
given overall ratings of “9,” the highest attainable rating during
this time period.
The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force. Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Associate Chief, Military Justice Division, AFLSA/JAJM, reviewed
this appeal and provides the relevant facts of the case as well as his
rationale for recommending denial.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant 28 September 1998 for review and comment within 30 days. 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 probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that the BCD should be upgraded. Applicant’s contentions are
duly noted; however, we do not find these uncorroborated assertions,
in and by themselves, sufficiently persuasive to override the
rationale provided by the Air Force. We therefore agree with the
recommendations of the Air Force and adopt the rationale expressed as
the basis for our decision that the applicant has failed to sustain
his burden that he has suffered either an error or an injustice. In
view of the above and absent persuasive evidence to the contrary, we
find no compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 6 July 1999 under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Gary Appleton, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jul 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA, dated 24 Aug 98.
Exhibit D. Letter, AFBCMR, dated 28 Sep 98.
RICHARD A. PETERSON
Panel Chair
AF | BCMR | CY2004 | BC-2004-01530
A complete copy of the evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 23 Jul 04 for review and comment within 30 days. Exhibit C. Letter, AFLSA/JAJM, dated 12 Jul 04. Exhibit D. Letter, SAF/MRBR, dated 23 Jul 04.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-01433 INDEX CODE: 106.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His 1955 Bad Conduct Discharge (BCD) be changed to an honorable or an under honorable conditions discharge. Further, given the fact that he had three court-martial convictions during his brief period of military service, we are not...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02541 INDEX CODE 106.00 COUNSEL: None HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: His 1960 Bad Conduct Discharge (BCD) be upgraded to honorable or, in the alternative, his first (honorable) enlistment be separated from his second enlistment so he can receive medical benefits from the Department of Veterans Affairs...
AF | BCMR | CY2003 | BC-2003-02123
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2003-02123 INDEX CODE 106.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His 1978 bad conduct discharge (BCD) be upgraded to honorable. He was granted a reduction in his adjudged sentence by the convening authority and a further reduction by the Court of Military Review. A complete copy of the...
AF | BCMR | CY2002 | BC-2002-03093
The applicant was discharged on 21 Jan 88. We find no evidence of error in this case and after thoroughly reviewing the applicant's submission, we do not believe he has suffered from an injustice. We considered upgrading his discharge on the basis of clemency; however, due to the serious nature of the offenses committed, in the short period of time in which he served, we believe that the characterization of his discharge was proper and in compliance with the appropriate directives.
AF | BCMR | CY2003 | BC-2002-03093
The applicant was discharged on 21 Jan 88. We find no evidence of error in this case and after thoroughly reviewing the applicant's submission, we do not believe he has suffered from an injustice. We considered upgrading his discharge on the basis of clemency; however, due to the serious nature of the offenses committed, in the short period of time in which he served, we believe that the characterization of his discharge was proper and in compliance with the appropriate directives.
AF | BCMR | CY2005 | BC-2004-03418
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03418 INDEX CODE 106.00 COUNSEL: None HEARING DESIRED: Not Indicated MANDATORY COMPLETION DATE: 7 May 06 _________________________________________________________________ APPLICANT REQUESTS THAT: Her 2003 Bad Conduct Discharge (BCD) be upgraded. On 8 Oct 03, the applicant was separated in the grade of airman basic with a BCD after three years, five months and five days of...
AF | BCMR | CY2002 | BC-2002-00941
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFLSA/JAJM recommends the application be denied. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-03506 INDEX CODE: 126 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: The Article 15, Uniform Code of Military Justice (UCMJ) imposed on 11 December 1997, be set aside and his grade of technical sergeant (E-6) be restored. At any rate, the commander did not have the decision of the city attorney to consider...
AF | BCMR | CY2003 | BC-2002-02512
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-02512 INDEX CODE: 110.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded. The court-martial, convening authority and the appellate court considered his psychological diagnosis, as well as other mitigating evidence. A complete copy of the...