Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-03474
Original file (BC-2003-03474.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03474
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad  conduct  discharge  be  upgraded  to  a  general  (under  honorable
conditions).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded and would like  to  enlist  in  the  South
Carolina Air National Guard.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  10  September  1997  in  the
grade of airman basic.

On 21 January 2000, the applicant was tried and found guilty  by  a  General
Court Martial for the following reasons:

      Specification 1:  the applicant, did, at or near Tucson,  Arizona,  on
divers occasions, between on or about 1 August  1999  and  on  or  about  31
August 1999 wrongfully use cocaine.

      Specification 2:  the applicant, did, at or near Tucson,  Arizona,  on
divers occasions, between on or about 1 September 1999 and on  or  about  27
September 1999 wrongfully use cocaine.

      Specification 3:  the applicant did, at or near  Tucson,  Arizona,  on
divers occasions, between on or about 1 September 1999 and on  or  about  27
September 1999 wrongfully use methamphetamine.

      Specification 4:  the applicant  did,  at  or  near  Tucson,  Arizona,
between on or about 25 September 1999 and  on  or  about  27 September  1999
wrongfully possess methamphetamine.

      Pleas and Findings:  Guilty to all specifications.

      Sentence:  bad conduct discharge, confinement  for  five  months,  and
reduction to the grade of E-1, airman basic.

On 21 January 2000, the sentence was adjudged.

Applicant was discharged on 21 April 2001, in  the  grade  of  airman  basic
with a bad conduct discharge (BCD), under the  provisions  of  AFI  36-3208,
Court Martial (Drug Related Offense).  He served 3 years, 7 months,  and  11
days total active duty service with five months lost time.

The applicant’s performance report reflects a rating of “2” for the time
period 10 September 1997 through 11 May 1999.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM recommended denial.  They indicated that there is no legal  basis
for changing the applicant’s discharge.   The  maximum  punishment  for  the
four specifications was a bad conduct discharge, confinement for  20  years,
total forfeiture of all pay and  allowances,  and  reduction  to  E-1.   The
sentence given was well within the  legal  limits  and  was  an  appropriate
punishment for the offenses committed.  The appropriateness of  a  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.  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.   Applicant  was  afforded  all
rights granted by statute and regulation.

His record of service prior to his court martial was not  unblemished.   His
duty performance evaluation prior to the subject incident was  satisfactory.
 He has provided no evidence of a clear error or injustice  related  to  the
sentence.

The evaluation is at Exhibit C.

_________________________________________________________________






APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 January 2004, 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 timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  an  error  or  injustice.   After  thoroughly  reviewing  the
evidence of record, we  find  no  evidence  to  show  that  the  applicant’s
discharge as a result of his conviction by court-martial  was  erroneous  or
unjust.  While the applicant believes his bad conduct  discharge  should  be
upgraded,  we  note  the  convening  authority  approved  the  bad   conduct
discharge and determined  the  bad  conduct  discharge  was  an  appropriate
consequence that accurately described the applicant’s military  service  and
his crimes.  In view of  the  foregoing,  we  agree  with  the  opinion  and
recommendation of the Military Justice Division and  adopt  their  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.
Therefore,  in  the  absence  of  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 an 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 11 February 2004, under the provisions of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Ms. Ann-Cecile McDermott, Member
                  Ms. Leslie E. Abbott, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2003-03474 was considered:

   Exhibit A.  DD Form 149, dated 24 October 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 19 December 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 9 January 2004.




                                THOMAS S. MARKIEWICZ
                                Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-01762

    Original file (BC-2003-01762.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01762 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to an honorable discharge. _________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 12 May 1986 in the grade...

  • AF | BCMR | CY2006 | BC-2005-03663

    Original file (BC-2005-03663.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03663 INDEX CODE: 110.00 COUNSEL: None HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 9 SEP 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded. Applicant was discharged from the Regular Air Force on 11 June 2003, in the grade of airman basic, under the provisions of General Court- Martial...

  • AF | BCMR | CY1998 | 9602123

    Original file (9602123.pdf) Auto-classification: Denied

    On 18 December 1987, the general court-martial approving authority approved only so much of the adjudged sentence which provided for a bad conduct discharge, 14 months of confinement, reduction to airman basic, and forfeiture of $438 per month for 14 months. On 23 February 1988, the Air Force Court of Military Review found the approved findings of guilty and the sentence to be correct in law and fact and, on the basis of the entire record, affirmed the 2 AFBCMR 96-02123 same. On 29...

  • AF | BCMR | CY2009 | BC-2008-01941

    Original file (BC-2008-01941.docx) Auto-classification: Denied

    The military judge considered this letter as well as other evidence presented by the applicant when determining the appropriate sentence for his criminal conduct. We also find no evidence to indicate the applicant’s service characterization, which had its basis in his conviction by a general court-martial and was a part of the sentence of the military court, was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice (UCMJ). We considered upgrading...

  • AF | BCMR | CY2004 | BC-2003-03281

    Original file (BC-2003-03281.DOC) Auto-classification: Denied

    He appeals to the Board to understand that he loved the Air Force and to upgrade his discharge would not only recognize his 16 years of honorable service but would restore his pride. The military judge and the Air Force Court of Military Review were convinced of the applicant’s guilty beyond a reasonable doubt. While we find his post-service accomplishments and artistic abilities commendable, and notwithstanding his otherwise good service record, in view of the extreme seriousness of...

  • AF | BCMR | CY2003 | BC-2001-00310

    Original file (BC-2001-00310.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2001-00310 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded. The AFLSA/JAJM evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was...

  • AF | BCMR | CY2008 | BC-2007-02664

    Original file (BC-2007-02664.doc) Auto-classification: Denied

    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 AFOLA/JAJM recommends denial. 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...

  • AF | BCMR | CY2004 | BC-2004-00836

    Original file (BC-2004-00836.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00836 INDEX CODE: 110.02 XXXXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to an Under Other Than Honorable Conditions (UOTHC) discharge and his records be corrected to reflect his medical status to entitle him to medical care for his...

  • AF | BCMR | CY2005 | BC-2004-03418

    Original file (BC-2004-03418.doc) Auto-classification: Denied

    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-2003-00381

    Original file (BC-2003-00381.doc) Auto-classification: Denied

    He pled and was found guilty, and was sentenced to a bad conduct discharge, confinement for 2 months, and reduction in grade to airman basic. The applicant was separated with a bad conduct discharge on 16 April 1999. The applicant’s bad conduct discharge had its basis in his trial and conviction by a general court- martial and he has provided no evidence showing that the sentence exceeded the maximum punishment allowable based on the offense of which he was convicted.