RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02070
INDEX CODE: 110.02
XXXXXXXXXXXXXXXX COUNSEL: NOT INDICATED
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 16 JAN 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to an honorable discharge or
general (under honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The court-martial was too harsh and he would like to be entitled to VA
benefits.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on 2
November 1984, for a term of 4 years. He was convicted by Special Court
Martial, for wrongful use of cocaine between about 20 March 1986 to about
10 April 1986. He pleaded not guilty to the specification and was found
guilty. He was sentenced to be discharged from the service with a BCD,
confinement for four months, forfeiture of $300.00 per month for four
months, and reduction to the grade of airman basic. On 12 August 1987, he
was discharged from the Air Force under the provisions of AFR 39-10,
Administrative Separation of Airmen, and Special Court-Martial Order Number
34, and received a BCD. He served a total of 2 years, 11 months and 20
days of active duty service.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report purportedly
pertaining to the applicant, which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states based on the documentation on
file in the master personnel records, the discharge was consistent with the
procedural and substantive requirements of the discharge regulation. The
discharge was within the discretion of the discharge authority, 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 D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28 Jul
2006 and 2 Aug 2006, for review and comment within 30 days. A copy of the
FBI Investigative Report was forwarded to the applicant on 24 August 2006,
for review and comment within 14 days. As of this date, no response has
been received by this office.
_________________________________________________________________
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. We note that this Board is without
authority to reverse, set aside, or otherwise expunge a court-martial
conviction. Rather, in accordance with Title 10, United States Code,
Section 1552(f), actions by this Board are limited to corrections to the
record to reflect actions taken by the reviewing officials and action on
the sentence of the court-martial for the purpose of clemency. We also
find no evidence which indicates that 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 Uniform Code of
Military Justice (UCMJ). We have considered applicant's overall quality of
service, the special court-martial conviction which precipitated the
discharge, and the seriousness of the offense to which convicted, e.g.,
wrongful use of cocaine. Based on the evidence of record, we cannot
conclude that clemency is warranted. Moreover, it appears that he has not
overcome the behavior traits which caused the discharge based on the report
provided by the FBI. In view of the above, we cannot recommend approval
based on the current evidence of record.
_________________________________________________________________
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-2006-02070
in Executive Session on 19 September 2006, under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Elwood C. Lewis, Member
Ms. LeLoy W. Cottrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Feb 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report, dated 27 Jul 06.
Exhibit D. Letter, AFPC/DPPRS, dated 19 Jul 06.
Exhibit E. Letter, SAF/MRBR, dated 28 Jul 06.
Exhibit F. Letter, AFBCMR, dated 24 Aug 06.
KATHLEEN F. GRAHAM
Panel Chair
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