RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01117
INDEX CODE: 106 .00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 12 Oct 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 2004 bad conduct discharge (BCD) be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He wants to serve his country by joining the Army.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 28 Jun 00, and was
assigned to F.E. Warren AFB, WY, as a security forces apprentice.
In a general court-martial on 16 May 02, he pled and was found guilty
of stealing just over $6,000.00 through the unauthorized transfer of
funds from the checking account of his uncle, a US Marine Corps
lieutenant colonel. The lone military judge sentenced him to a BCD,
confinement for six months, and reduction from airman first class to
airman basic. The sentence was approved except for the BCD, pending
completion of the appeal process.
According to AFLOA/JAJM (Exhibit C), the USAF Court of Criminal
Appeals affirmed the findings of guilty and the sentence on 26 Aug 03.
The US Court of Appeals for the Armed Forces denied the applicant’s
petition for grant of review on 17 Dec 03.
The applicant was separated with a BCD on 16 Mar 04 in the grade of
airman basic after 3 years, 3 months, and 18 days of active service.
[Note: The applicant states on his application that his date of
separation (DOS) was 16 Oct 02; the AFLOA/JAJM advisory indicates a
DOS effective 17 Feb 04. However, DD Form
214, AF Form 100 (Request & Authorization for Separation), and AF Form
330 (Records Transmittal/Request) all reflect a DOS of 16 Mar 04.]
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends the application be denied. They note the
application is untimely and there is no basis for upgrading the
discharge. The applicant’s BCD accurately reflects the character of
his service. The maximum punishment authorized for the offense was a
dishonorable discharge, forfeiture of all pay and allowances, and
confinement for five years. The sentence was well within the legal
limits and a fitting punishment for the offense committed. The
applicant failed to identify or present evidence of the existence of
any error or injustice related to his court-martial and resulting
sentence.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 12 May 06 for review and comment within 30 days (Exhibit
D). 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We find no evidence indicating
the applicant’s service characterization, which had its basis in his
conviction by general court-martial and was a part of the sentence of
the military court, was improper or exceeded the limitations set forth
in the Uniform Code of Military Justice. Furthermore, because of the
short duration since the applicant’s separation and the serious nature
of the offenses committed, we do not find upgrading the applicant’s
BCD on the basis of clemency appropriate at this time. In view of the
foregoing, and in the absence of sufficient 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 this application in
Executive Session on 22 August 2006 under the provisions of AFI 36-
2603:
Mr. Robert H. Altman, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2006-01117 was considered:
Exhibit A. DD Form 149, dated 19 Apr 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 1 May 06.
Exhibit D. Letter, SAF/MRBR, dated 12 May 06.
ROBERT H. ALTMAN
Panel Chair
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