RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01327
INDEX CODE: A68.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His actions that resulted in the BCD were not so severe as to warrant
less than an honorable discharge.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 22 Apr 85 for a
period of four years in the grade of airman first class. Prior to the
matter under review, the applicant was promoted to the grade of
sergeant. He received three Enlisted Performance Reports (EPRs) in
which he received overall ratings of 9, 9, 8 (1-9 (Highest)),
respectively.
On 31 Oct 88, the applicant was convicted by special court-martial of
wrongful use of marijuana and cocaine. He was sentenced to a BCD,
confinement for three months, forfeiture of $447.00 for three months,
and reduction from sergeant to airman basic. The convening authority
approved only so much of the sentence that provided for a BCD,
confinement for three months, and reduction to airman basic, and
ordered the sentence executed except for the BCD.
On 29 Apr 89, the approved sentence of the special court-martial
having been affirmed, the applicant’s discharge was ordered into
execution. He was discharged with a bad conduct discharge on 16 May
89. He was credited with three years, ten months, and ten days of
active service.
On 6 Mar 95, the Air Force Discharge Review Board (AFDRB) considered
and denied the applicant’s request that his BCD be upgraded to
general.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial indicating the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation, and was within the discretion of the discharge authority.
In their view, the applicant did not submit any evidence or identify
any errors that occurred in the discharge processing.
A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 28
May 04 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
AFLSA/JAJM recommended denial indicating the applicant did not present
any evidence to warrant upgrading his BCD, and did not demonstrate an
equitable basis for relief.
A complete copy of the AFLSA/JAJM evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 9 Sep
04 for review and response. As of this date, no response has been
received by this office (Exhibit F).
_________________________________________________________________
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. The applicant's complete
submission was thoroughly reviewed, and his contentions were duly
noted. However, we do not find the applicant’s uncorroborated
assertions sufficiently persuasive to override the rationale provided
by the Air Force offices of primary responsibility (OPRs). The
evidence of record indicates the applicant was convicted by special
court-martial of wrongful use of marijuana and cocaine and was given a
BCD. We find no evidence which indicates the applicant’s service
characterization, which had its basis in his conviction by special
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
UCMJ. Furthermore, because of the serious nature of the offenses
committed and the lack of post-service documentation, we do not find
upgrading the applicant’s BCD based on clemency is appropriate at this
time. In view of the foregoing, we adopt the Air Force rationale as
the basis for our decision that the applicant has failed to sustain
his burden of establishing he has suffered either an error or an
injustice. Accordingly, we find no compelling basis to recommend
favorable consideration of 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-
2004-01327 in Executive Session on 4 Nov 04, under the provisions of
AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Mr. Gary G. Sauner, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Apr 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 18 May 04.
Exhibit D. Letter, SAF/MRBR, dated 28 May 04.
Exhibit E. Letter, AFLSA/JAJM, dated 1 Sep 04.
Exhibit F. Letter, AFBCMR, dated 9 Sep 04.
ROBERT S. BOYD
Panel Chair
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