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AF | BCMR | CY2003 | BC-2002-03636
Original file (BC-2002-03636.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03636
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He would like the  Board  to  consider  his  length  of  service,  his
accomplishments and length of time since his discharge.

The applicant did not provide any documents in support of his appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 May 1979.

The applicant  was  progressively  promoted  to  the  grade  of  staff
sergeant on 1 October 1983.

APR profile since 1980 reflects the following:

      PERIOD ENDING           EVALUATION OF POTENTIAL

       13 Mar 80       9
       13 Mar 81       9
        9 Dec 81       9
       15 Aug 82       8
       31 May 83       9

On 1 February 1984, applicant’s NCO status (he was then serving in the
grade of sergeant) was vacated (AF Form 418).  He reverted to the rank
of senior airman.  It is also noted that applicant received an Article
15, for use of marijuana.

On 11 April 1984, a special court-martial convicted the applicant  and
three other airmen of conspiring  to  steal  government  property  and
hiding the said property.  Additionally, he was convicted of  stealing
five battle dress uniform shirts, five pairs of battle  dress  uniform
pants, two  sleeping  bags,  two  parkas  and  five  olive  drab  wool
sweaters,  valued  at  about  $400.   He  was  sentenced  to  a   BCD,
confinement at hard labor for 4 months and reduction to airman  basic.
Confinement was deferred and rescinded  on  17  April  1984.   Pending
completion of appellate review, the applicant  was  confined  to  hard
labor for 4 months.  On 6 June  1984,  the  applicant  was  placed  on
excess leave for completion of appellate review.   The  discharge  was
executed in accordance with Special Court-Martial Order #1, 17 January
1985 and he was discharged on 1 February 1985.

The applicant, while  serving  in  the  grade  of  airman  basic,  was
separated from the Air Force on 1  February  1985  by  Special  Court-
Martial Order #1, dated 17 January 1985, with  a  BCD.   He  served  5
years, 5 months and 27 days of total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.  Additionally, the discharge was within the discretion  of
the discharge authority.  Therefore,  they  recommend  denial  of  the
applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 February 2003, a copy of the Air Force evaluation was  forwarded
to the applicant for review and response 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.   The  applicant’s
discharge had its basis in his trial  and  conviction  by  a  military
court.  We have seen no evidence indicating that the sentence exceeded
the maximum punishment authorized by  the  Uniform  Code  of  Military
Justice based on the findings of guilty in his case.  In essence,  the
applicant is requesting  that  his  discharge  be  upgraded  based  on
clemency.  While it is true that, for the  most  part,  the  applicant
served honorably for nearly 5 years before he committed  the  offenses
for which he was tried and convicted, based on the seriousness of  the
offenses he committed and noting the fact that he received an  Article
15 for use of marijuana, we do not find his service, alone, provides a
sufficient basis for clemency.  It has been more than  eighteen  years
since his separation; however, the passage of time, in and of  itself,
does not provide a basis for clemency.  Traditionally, this Board  has
considered  clemency  in  similar  cases  where   an   applicant   has
established that he or she  has  been  an  upstanding  member  of  the
community over an extended period of time.   In  the  absence  of  any
evidence of this nature by the  applicant,  we  are  not  inclined  to
favorably consider his request for recharacterization of his discharge
based on clemency.

_________________________________________________________________

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 29 April 2003, under the provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Gregory A. Parker, Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 Jan 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 29 Jan 03.
      Exhibit D. Letter, AFBCMR, dated 14 Feb 03.




                             RICHARD A. PETERSON
                             Panel Chair



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