RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00165
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His separation code of “JJD - Court-Martial {Other}” be changed to “JEH.”
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
The Presidential Pardon he received removes or eliminates all civil and
legal disabilities and disqualifications either general or special that
arose from the federal or military offense that was the subject of the
pardon. He desires to enter the New York Army National Guard; however, the
separation code he received is preventing him from doing so.
In support of the appeal, applicant submits his personal statement and a
copy of the Presidential Pardon.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 April 2003, the Board reconsidered applicant’s request that his Bad
Conduct Discharge (BCD) be upgraded to general (under honorable
conditions). The majority of the Board found insufficient evidence of an
error or injustice and recommended denial of the application. The
Director, Air Force Review Boards Agency (SAF/MRB) determined the
applicant’s discharge should be upgraded to general on the basis of
clemency. The facts and circumstances surrounding the applicant’s
discharge and the rationale of the earlier decision by the Board are
contained in the Addendum to Record of Proceedings at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/JA recommends the application be denied and states, in part, that the
applicant has not met his burden of proving an error or injustice in his
separation or reentry codes. Although the Presidential Pardon the
applicant received restores his civil rights, it does not change the
historical fact of the acts he committed or his moral unfitness. While the
applicant believes the separation code is preventing him from entering the
Army National Guard, it is likely his Reenlistment Eligibility (RE) code of
2M (serving a sentence of suspended sentence of court-martial; or separated
while serving a sentence or suspended sentence of court-martial) is what is
preventing his enlistment in the ANG. The RE code he received is correct.
Furthermore, there is no separation code of “JEH.” AFPC/JA cites two
AFBCMR cases in which the Board declined to upgrade the applicants’
discharges based on their pardons, noting that there was no evidence the
discharges were improper or contrary to the governing regulations.
The AFPC/JA evaluation, with attachments, is at Exhibit D.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 16 April 2004 for review and response within 30 days. However, 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 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 Staff Judge Advocate and adopt
her 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 Docket Number BC-2004-00165
in Executive Session on 21 June 2004, under the provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Ms. Jean A. Reynolds, Member
Ms. Brenda L. Romine, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Addendum to Record of Proceedings, w/atchs.
Exhibit D. Letter, AFPC/JA, dated 7 Apr 04, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 16 Apr 04.
JOSEPH G. DIAMOND
Panel Chair
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