RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-01813
INDEX CODE: A68.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable or general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is requesting an upgrade of his discharge based on the actions he
has taken and the direction of his life since his separation from the
military.
In support of his appeal, the applicant provided a copy of DD Form
293, Application for Review of Discharge or Dismissal from the Armed
Forces of the United States.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 Dec 94 for a
period of four years in the grade of airman basic. He received one
Enlisted Performance Report (EPR) in which he received an overall
rating of 1 (1-5 (Highest)), which was a referral report.
On 3 Aug 96, the applicant was convicted by general court-martial of
damaging property and theft. He was sentenced to a BCD, confinement
for 2 years and 9 months, and forfeitures of all pay and allowances.
The convening authority approved the sentence as adjudged.
On 14 Dec 99, the approved sentence of the general court-martial
having been affirmed, the applicant’s discharge was ordered into
execution. He was discharged on 16 Dec 99 with a BCD. He was
credited with 3 years, 2 months, and 21 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLSA/JAJM recommended denial indicating that there is no legal basis
for upgrading the applicant's discharge. The appropriateness of his
sentence, within the prescribed limits, is a matter within the
discretion of the court-martial and may be mitigated by the convening
authority or within the course of the appellate review process. The
applicant had the assistance of counsel in presenting extenuating and
mitigating matters in their most favorable light to the court and the
convening authority. These matters were considered in review of the
sentence. The applicant was thus afforded all rights granted by
statue and regulation. He provided no compelling rationale to
mitigate the approved BCD given the circumstances of the case.
In AFLSA/JAJM's view, clemency should only be granted when the
applicant has demonstrated that the degree of punishment in relation
to the crime was a clear injustice. The applicant cannot and has not
made such a showing. Hence, clemency by the Board is unwarranted.
A complete copy of 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 applicant on 18
Apr 03 for review and response. As of this date, no response has been
received by this office (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 took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt their rationale as
the basis for our conclusion that the applicant has not been the
victim of an error or injustice. The evidence of record indicates
that he was sentenced to a BCD, confinement for 2 years and 9 months,
and forfeitures of all pay and allowances as a result of his
conviction by general court-martial for damaging property and theft.
He now requests that his BCD be upgraded based on the actions he has
taken and the direction of his life since his separation. After a
thorough review of the facts and circumstances of this case, we find
no evidence which indicates that the applicant’s BCD was improper or
that it exceeded the limitations set forth in the Uniform Code of
Military Justice (UCMJ). Furthermore, because of the short duration
since the applicant’s separation, we do not find upgrading the
applicant’s BCD based on clemency appropriate in this case at this
time. In view of the foregoing, and in the absence of sufficient
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
_________________________________________________________________
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-
2002-01813 in Executive Session on 27 May 03, under the provisions of
AFI 36-2603:
Mrs. Barbara A. Westgate, Chair
Mr. Roscoe Hinton, Jr., Member
Mrs. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Feb 03, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 8 Apr 03.
Exhibit D. Letter, SAF/MRBR, dated 18 Apr 03.
BARBARA A. WESTGATE
Chair
The applicant provided extensive sworn testimony during the sentencing portion of his trial and the court members were fully aware of his condition. AFBCMR 94-03455 Applicant's record of trial has been thoroughly reviewed. AFBCMR 94-03455 applicant was appropriately found ineligible for processing through the Air Force disability evaluation system in accordance with AFRs 35-4 and 160-43.
AF | BCMR | CY2003 | BC-2002-04082
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-04082 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded. -- On 21 May 81, applicant was notified of his commander's intent to impose nonjudicial punishment on him under Article 15, UCMJ. Insufficient relevant evidence has been presented to...
AF | BCMR | CY2003 | BC-2003-00676
The military judge considered the facts and circumstances of the offense and the applicant’s overall military record. His sentence was appropriate. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC- 2003-00676 in Executive Session on 22 Jul 03, under the provisions of AFI 36-2603: Mr. Gregory H. Petkoff, Panel Chair Ms. Carolyn B. Willis, Member Mr. James A. Wolffe, Member The following documentary...
AF | BCMR | CY2003 | BC-2003-00080
The AFLSA/JAJM evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: The applicant states that he never stole the kits and was deceived by the person that actually stole the kits that the kits were out of date. His lawyer told him that if he pled guilty, he would just get a year of confinement and a fine; whereas, if he did not, he could face 20 years of confinement. After thoroughly reviewing the evidence...
Therefore, the Board is within its authority to look at the substance of his request, and, if appropriate, take whatever action it deems necessary to place him into the RTDP. In view of this, and since through no fault of the applicant, he was denied an opportunity to have his appeal of the convening authority action considered by the Air Force Clemency and Parole Board, the applicant’s request for entry in the RTDP was forwarded to the Return to Duty Screening Board (RTDSB) . The RTDSB...
AF | BCMR | CY2004 | BC-2003-02855
If the Board cannot pardon him or chooses not to do so, he requests that his FBI record be corrected to reflect that he was only arrested once, not twice as his record reflects. On 6 Oct 00, the applicant requested a waiver of his “4F” RE code to allow him to reenlist in the Air Force. The complete evaluation is at Exhibit C. AFPC/DPPAE recommends denial of the applicant’s request to change his RE code.
AF | BCMR | CY2003 | BC-2002-02242
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02242 INDEX NUMBER: 110.00 XXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: It appears that the applicant requests that the Bad Conduct Discharge (BCD) he received as a sentence of court-martial be upgraded to honorable, his former grade of master sergeant be restored and he...
AF | BCMR | CY2003 | BC-2003-01834
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01834 INDEX CODE: 110.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded. _________________________________________________________________ AIR FORCE EVALUATION: AFLSA/JAJM states an application must be filed within three years after the error or injustice was...
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 | 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...