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Confinement was deferred and rescinded on 17 April 1984.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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