ADDENDUM TO
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
MANDATORY CASE COMPLETION DATE: 17 Sep 07
___________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded to a general (under honorable
conditions) discharge.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was tried before a general court-martial 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). 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officer in violation of Article 90 was withdrawn after arraignment.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 and confinement for 142 days. His
sentence was approved on 25 February 2002 by the convening authority,
except for the bad conduct discharge. 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.
On 12 Apr 04, the Board considered and denied a similar appeal submitted by
the applicant. For an account of the facts and circumstances surrounding
his appeal and the Board's decision, see the Record of Proceedings at
Exhibit E. On 18 Jan 05, the Air Force Personnel Center reissued the
applicant a DD Form 214, Certificate of Release or Discharge from Active
Duty, with administrative corrections. Amongst the corrections, the
Narrative Reason for Separation which erroneously reflected "Bad Conduct
Discharge," was corrected of reflect "Court Martial."
Applicant has submitted numerous requests for reconsideration of his
application. Because his requests did not meet the criteria for
reconsideration, they were denied. In his most recent submissions,
applicant states that because he did not complete his first term of
enlistment and due to the administrative corrections on his DD Form 214, he
cannot collect unemployment benefits. His complete submissions, with
attachments, are at Exhibit F.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
After a thorough review of the evidence of record and the applicant's
submissions, we find no evidence of an error in this case and are not
persuaded by his contentions that he has been the victim of an injustice.
The applicant was sentenced to a bad conduct discharge as the result of a
court-martial and it appears his corrected DD Form 214 accurately reflects
the reason for his discharge and the characterization of his service. We
find no evidence that the actions taken against him were erroneous,
improper, or contrary to the provisions of the governing regulation in
effect at the time, or that the actions taken against him were based on
anything other than his own misconduct. Because of the serious nature of
the offenses committed in the short period of time in which he served, we
do not believe that the characterization of his discharge warrants an
upgrade on the basis of clemency. Therefore, in the absence of evidence to
the contrary, we find no basis upon which to recommend favorable
consideration of his request.
_________________________________________________________________
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 13 Jun 06, 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 E. Record of Proceedings, dated 14 Apr 04, W/Exhibits.
Exhibit F. Requests for Reconsideration, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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