RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01419
INDEX CODE: 106.00, 110.02
COUNSEL: Disabled Amer Vets
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He regrets his actions and expresses his remorse. For the last 15
years he has achieved much and asks for consideration of these
achievements. Prior to his discharge he had gone through a divorce,
been under a lot of stress and took a chance to make fast money. He
had only four months before retirement, but was in a bad financial
state. He has matured and is growing closer to God, who has given him
another chance.
In support of his request, applicant provided a personal statement, DD
Form 214, Certificate of Release or Discharge from Active Duty,
Personal History after Discharge, Certificate of Training, Devry
Institute of Technology Associates Degree, 7 Certificates of
Achievement, 10 Letters of Recommendation, and a Letter to the
Department of Veteran Affairs.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered into the regular Air Force on 20 September 1966
and was progressively promoted to the grade of staff sergeant.
He was tried at a special court-martial on 12 June 1986. The
applicant was charged with wrongful use of marijuana in the hashish
form, a schedule I controlled substance, wrongful possession of 15.97
grams, more or less, of marijuana in the hashish form, a schedule I
controlled substance, with the intent to distribute, and wrongful
possession of 264.90 grams, more or less of marijuana, a schedule I
controlled substance, with the intent to distribute. He chose to be
tried by military judge alone, pled guilty to all charges and
specifications, and was found guilty. The military judge sentenced
him to a BCD, confinement for six months, and reduction to the grade
of airman first class. On 12 May 1988, the Air Force Court of
Military Review affirmed the discharge and he was separated with a BCD
on 26 May 1988. He served 21 years, 8 months and 7 days on active
duty.
On 17 March 1993, the applicant submitted an application to the Air
Force Discharge Review Board (DRB) requesting his BCD be upgraded to
honorable. The DRB denied his request on the grounds of finding no
error or inequity to warrant a change in his discharge and no
sufficient basis to warrant clemency. (Exhibit B)
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. Based on the documentation on file in
the master personnel records, that office believes the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation and that the discharge was within the discretion
of the discharge authority. DPPRS indicates the applicant did not
submit any new evidence or identify any errors or injustices that
occurred in the discharge processing. Nor did he provide any facts
warranting a change to his character of service.
The DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
28 May 04, for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 an error or injustice to warrant changing his BCD
discharge. After careful consideration of the available evidence, we
found no indication that the actions taken to affect his discharge
were improper or contrary to the provisions of the governing
regulations in effect at the time, or that the actions taken against
the applicant were based on factors other than his own misconduct.
The Board is not persuaded that action to upgrade the applicant's
discharge based on clemency is appropriate. In view of the
seriousness of the applicant’s misconduct, we do not believe that an
upgrade of his discharge would be appropriate at this time.
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-
01419 in Executive Session on 15 July 2004, under the provisions of
AFI 36-2603:
Mr. David W. Mulgrew, Panel Chair
Mr. James E. Short, Member
Mr. Gary G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Apr 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/DPPRS, dated 19 May 04.
Exhibit D. Letter, SAF/MRBR, dated 28 May 04.
DAVID W. MULGREW
Panel Chair
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