Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-01327
Original file (BC-2004-01327.DOC) Auto-classification: Denied

                       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


Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-00673

    Original file (BC-2004-00673.DOC) Auto-classification: Approved

    Pursuant to the Board's request, the FBI, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFLSA/JAJM indicated that under 10 USC 1552(f), the AFBCMR’s ability to correct records related to courts-martial is limited. We do not believe an honorable discharge is warranted due to the limited documentation provided by the applicant regarding his activities since his...

  • AF | BCMR | CY2004 | BC-2003-03747

    Original file (BC-2003-03747.doc) Auto-classification: Denied

    In support of his request, applicant provided a personal statement. _________________________________________________________________ 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. Exhibit B.

  • AF | BCMR | CY2003 | BC-2002-03787

    Original file (BC-2002-03787.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03787 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to a general discharge. He was found guilty and sentenced to a bad conduct discharge, confinement for 32 months, reduction in grade to airman basic (E-1) and forfeiture of all pay...

  • AF | BCMR | CY2004 | BC-2003-03391

    Original file (BC-2003-03391.doc) Auto-classification: Approved

    These matters were considered in review of the sentence. The AFPC/DPPPWB evaluation, with attachment, is at Exhibit H. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Copies of the Air Force evaluations were forwarded to applicant on 27 February 2004 for review and response. Notwithstanding the above, after reviewing the evidence of record, to include the Air Force Discharge Review Board (AFDRB) action to upgrade the...

  • AF | BCMR | CY2004 | BC-2004-02125

    Original file (BC-2004-02125.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02125 INDEX NUMBER: 110.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to an under honorable conditions (general) discharge. The military judge found him guilty on all charges and sentenced him to a bad conduct discharge (BCD), confinement for 18...

  • AF | BCMR | CY2003 | BC-2002-02242

    Original file (BC-2002-02242.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02242 INDEX NUMBER: 110.00 XXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: It appears that the applicant requests that the Bad Conduct Discharge (BCD) he received as a sentence of court-martial be upgraded to honorable, his former grade of master sergeant be restored and he...

  • AF | BCMR | CY2004 | BC-2004-00810

    Original file (BC-2004-00810.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00810 INDEX CODE: 110.00 COUNSEL: AMERICAN LEGION HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to an honorable or general discharge. Although the applicant’s adjudged sentence included a dishonorable discharge and total forfeitures, his punishment was mitigated with an...

  • AF | BCMR | CY2004 | BC-2003-03093

    Original file (BC-2003-03093.doc) Auto-classification: Denied

    A complete copy of the evaluation is at Exhibit C. The AFBCMR Medical Consultant advises that a computed axial scan of the applicant’s head at the time of the accident was normal and an electroencephalogram performed 10 months later was normal, both objective evidence arguing against serious brain trauma or its residuals. The applicant has provided no persuasive evidence that he was denied due process or that the actions taken against him were inappropriate or unsupported by his own...

  • AF | BCMR | CY2003 | BC-2002-02837

    Original file (BC-2002-02837.DOC) Auto-classification: Denied

    His dishonorable discharge be upgraded to honorable. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe he has suffered from an injustice. _________________________________________________________________ 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...

  • AF | BCMR | CY2003 | BC-2002-02844

    Original file (BC-2002-02844.DOC) Auto-classification: Denied

    The applicant has provided no evidence of a clear error or injustice related to the nonjudicial punishment action. _________________________________________________________________ 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...