RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00509
INDEX NUMBER: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 AUGUST 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant makes no contentions, but advises he was court-martialed and
spent six months in jail.
In support of his appeal, applicant provides a copy of a decoration he
was awarded and a letter of evaluation (LOE) rendered on him while he
was an airman on active duty.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 30 Apr 79. A
resume of his Airman Performance Reports (APRs) follows:
Closeout Date Overall Rating
25 Jun 80 9
25 Jun 81 9
18 Oct 81 Letter of Evaluation
25 Jun 82 9
30 Apr 83 8
03 Dec 83 9
03 Dec 84 5
On 15 Oct 84, the applicant was tried by a special court-martial on
the following charges with the findings indicated:
a. Guilty of two specifications under Article 134 of the
Uniform Code of Military Justice (UCMJ). (1) Wrongful use of
marijuana on divers occasions from about 1 Nov 83 to about 31 Jul 84
and (2) Wrongful distribution of marijuana on divers occasions during
the period from about 1 Nov 83 to about 31 Jul 84.
b. Guilty of one specification under Article 128, UCMJ. He
unlawfully pushed an airman first class in the area of the neck and
shoulders with his hand on or about 18 Sep 84.
The applicant was sentenced to a BCD, confinement at hard labor for
four months, reduction to the grade of airman basic and forfeiture of
$397.00 pay per month for four months.
The sentence was affirmed by Special Order No. 4 on 15 Dec 86 and the
applicant was discharged from the Air Force on 16 Dec 86 with a BCD.
Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI) provided a copy of an investigative report pertaining to the
former member (Identification Record No. 448991EB9 (Exhibit E).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial of the applicant’s request. The
applicant did not submit any evidence or identify any errors or
injustices that occurred in the discharge processing and provided no
facts warranting a change to his character of service.
DPPRS complete 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
17 Mar 06 for review and comment within 30 days and on 17 Apr 2006, he
was forwarded a copy of the FBI report. As of this date, this office
has received no response to any of the aforementioned correspondence.
_______________________________________________________________
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. The applicant’s discharge had
its basis in his trial and conviction by a court-martial. We have
seen no evidence by the applicant warranting correction of the actions
taken by the court-martial reviewing authorities. In addition, in
view of the contents of the FBI Identification Record, we are not
persuaded that the characterization of the applicant’s discharge
warrants an upgrade on the basis of clemency; therefore, we find no
basis to warrant favorable action on this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 BC-2006-00509 in
Executive Session on 28 June 2006, under the provisions of AFI 36-
2603:
Mr. Michael J. Novel, Panel Chair
Mr. Grover L. Dunn, Member
Mr. John E. B. Smith, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Feb 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 10 Mar 06.
Exhibit D. Letters, SAF/MRBR, dated 17 Mar 06; and,
SAF/MRBC, dated 17 Apr 06 w/atch
Exhibit E. FBI Report.
MICHAEL J. NOVEL
Panel Chair
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