RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03990
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded to a general (under honorable
conditions) discharge.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The reason he received a general court martial and a bad conduct discharge
is because of a fight he had with a couple of homosexual Airmen. One tried
to enter the shower with him and the other defended him.
In support of the application, the applicant provided, personal letters, a
copy of a DD Form 293, Application for Review of Discharge or Dismissal
from the Armed Forces of the United States, a copy of his pre-employment
testing from the Michigan Commission on Law Enforcement Standards, and
documents associated with his court-martial action.
His complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 20 February 2001. While
serving in the grade of airman basic, he was tried before a general court-
martial at Lackland AFB, Texas, on 19 December 2001. He pled guilty to
three specifications of assault on two airmen in violation of Article 28 of
the Uniform Code of Military Justice (UCMJ). His plea of guilty was found
to be voluntary and of his own freewill. He was also charged with one
specification of insubordinate conduct toward a noncommissioned officer in
violation of Article 91, of which he was found not guilty. A third charge
of willfully disobeying a superior commissioned officer in violation of
Article 90 was withdrawn after arraignment. He was sentenced to a bad
conduct discharge from the Air Force and confinement for 142 days. His
sentence was approved on 25 February 2002 by the convening authority,
except for the bad conduct discharge. The term of confinement had been
served. On 26 September 2003, the United States Air Force Court of
Criminal Appeals approved the findings and sentence as correct in law and
fact, and no error prejudicial to the substantial rights of the applicant
occurred. On 15 October 2003, the convening authority approved his bad
conduct discharge. He was credited with 2 years, 7 months and 26 days of
active military service.
___________________________________________________________________
AIR FORCE EVALUATION:
AFLSA/JAJM recommends the applicant's request be denied and indicates he is
not contending that a specific error has occurred which requires the
correction of his court-martial record and there is no indication in the
record of such an error. While clemency is an option, there is no reason
for the Board to exercise clemency in this case. The applicant did not
serve his enlistment honorably. There are consequences for criminal
behavior. The members, convening authority and the appellate court
believed a bad conduct was an appropriate consequence that accurately
characterized his military service and his crime. The applicant presents
no evidence to warrant upgrading the bad conduct discharge, nor has he
demonstrated an equitable basis for relief.
AFLSA/JAJM complete advisory is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant indicates that he is trying to become a civilian police officer
and also go back into the military as a Marine Corps police officer.
In an additional letter to the Board, the applicant states he was on
appellate review leave for over a year prior to receiving his DD Form 214.
During that period he could not collect unemployment or find work because
he did not have his DD Form 214. He had to spend his savings and borrow
money from family members. He feels he should be entitled to a settlement
claim for that money.
Applicant's responses are at Exhibit E.
___________________________________________________________________
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 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 office of the Judge Advocate
General and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. Therefore, in
the absence of 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-2003-
03990 in Executive Session on 31 Mar 04, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Leslie E. Abbott, Member
Ms. Renee M. Collier, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Dec 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 9 Feb 04.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 04.
THOMAS S. MARKIEWICZ
Chair
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