RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00532
INDEX CODE 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge be upgraded to General (Under Honorable
Conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told that he was being made an example of and never was provided an
opportunity to make amends for the offense.
The applicant states that he has no police record and has never received
any Article 15s. There is nothing in his records that indicates that he
was a constant troublemaker or had disciplinary problems. Further, the
incident was a first time offense.
In support of the appeal, the applicant submits his personal statement and
statements from his former supervisors.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The 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:
AFLSA/JAJM recommends the application be denied and states, in part, that
the applicant’s contentions are without merit and the application was not
filed within the three years provided by statute. The applicant was tried
by general court-martial for larceny and making a false official statement.
He pleaded guilty to the offense of wrongfully appropriating the Overseas
Housing Allowance (OHA) and making a false statement. The Air Force Court
of Criminal Appeals reviewed the record and reassessed the sentence,
finding the bad conduct discharge, four months of confinement, total
forfeitures for four months and reduction to airman basic to be
appropriate. The applicant’s overall military record was taken into
account when deciding on an appropriate sentence. The sentence was well
within the legal limits and the bad conduct discharge was an appropriate
punishment for the offense committed.
The AFLSA/JAJM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 17 May
2002 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 error or injustice. After thoroughly reviewing the evidence
of record and noting the applicant’s complete submission, we find no
evidence of error or injustice. In this respect, we note that the
applicant’s discharge appears to be in compliance with the governing Air
Force Regulation in effect at the time of his separation and that he was
afforded all the rights to which entitled. The applicant has provided no
evidence to indicate that his separation was inappropriate. There being
insufficient evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
4. We also find insufficient evidence to warrant a recommendation that the
discharge be upgraded on the basis of clemency. We have considered the
applicant's overall quality of service, the events which precipitated the
discharge, and available evidence related to his post-service activities
and accomplishments. On balance, we do not believe that clemency is
warranted.
_________________________________________________________________
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 Docket Number 02-00532 in
Executive Session on 10 October 2002, under the provisions of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Mr. Laurence M. Groner, Member
Ms. Diane Arnold, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Feb 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 22 Apr 02.
Exhibit D. Letter, SAF/MRBR, dated 17 May 02.
JOSEPH A. ROJ
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