RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04126
		INDEX CODE:  110.00
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded.

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APPLICANT CONTENDS THAT:

He desires to enlist in the Air National Guard.  He is deeply 
sorry for what happened in the past and would like to redeem 
himself.  He is married with two children, has an aircraft 
maintenance license, he is attending school with 70 credit hours 
in electronics engineering and is currently employed with the 
United Parcel Service.  He believes he has a lot to offer the 
military.

In support of his request, the applicant provides DD Forms 293, 
Application for the Review of Discharge or Dismissal from the 
Armed Forces of the United States, and an unsigned DD Form 149, 
Application for Correction of Military Record Under the 
Provisions of Title 10, U.S. Code, Section 1552.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 November 
1994.

The applicant was tried by a General Court-Martial on 24 October 
1996.  Between March 1995 and May 1996, the applicant was 
accused of stealing or attempting to steal certain items from 
the mail system.  He was charged with one specification of 
attempting to conspire to steal mail matter, in violation of 
Article 81, Uniform Code of Military Justice (UCMJ); and 
stealing certain mail matter, in violation of Article 134, UCMJ.  
The applicant pled guilty and was sentenced to a BCD, 
confinement for 10 months, a forfeiture of $500.00 pay per month 
for 10 months and a reduction to airman basic.  The convening 
authority approved the findings and sentence.  The sentence was 
adjudged on 24 October 1996.

The applicant was discharged on 13 November 1998 with a BCD.  He 
served 3 years and 4 months on active duty.  The period 
24 October 1996 through 7 November 1998 was lost time.

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  JAJM states the applicant has 
identified no error or injustice related to his prosecution or 
the sentence.  An examination of the record of trial shows no 
error in the processing of the court-martial.  Prior to the 
trial, the applicant entered into a pretrial agreement.  This 
agreement specified that the applicant agreed to plead guilty to 
the charge and specifications (with some exceptions and 
substitutions), in exchange for which the convening authority 
agreed not to approve a sentence including confinement in excess 
of 10 months.

The applicant provides no justification for his request, and 
clemency is not warranted in this case.  The applicant has not 
provided any letters of support or other documentation to show 
that he has engaged in any good works or made any improvement in 
his life since the time of his court-martial.  The applicant’s 
punishment was well within the legal limits and was an 
appropriate punishment for the offenses committed.  
Additionally, clemency in this case would be unfair to those 
individuals who honorably served their country while in uniform.

The JAJM complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 December 2009, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D).  As of this date, this office has received no 
response.

On 16 March 2010, the Board staff requested the applicant 
provide documentation pertaining to his post-service activities, 
within 30 days (Exhibit E).  The applicant states that he truly 
regrets what he did.  Since his discharge he has worked at UPS 
for two years, has taken over 60 college credit hours, he has a 
class B driver’s license, and has an aircraft mechanic license 
airframe and power plant.  


The applicant’s complete response is at Exhibit F.

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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 an injustice.  After 
thoroughly reviewing the evidence of record, we find no evidence 
to show that the applicant’s discharge as a result of his 
conviction by court-martial was erroneous or unjust.  In view of 
the foregoing, we agree with the opinion and recommendation of 
the Military Justice Division and adopt the rationale expressed 
as the basis for our decision that the applicant has failed to 
sustain his burden of proof of the existence of either an error 
or an injustice.  Therefore, based on the evidence of record, we 
find no basis to recommend granting the relief sought in this 
application.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

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The following members of the Board considered AFBCMR Docket 
Number BC-2007-04126 in Executive Session on 11 May 2010, under 
the provisions of AFI 36-2603:

			XXXXXXXXXXXXXXXX, Panel Chair
			XXXXXXXXXXXXXXXX, Member
			XXXXXXXXXXXXXXXX, Member




The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2007-04126 was considered:

  Exhibit A.  DD Form 149, dated 10 October 2009, w/atchs.
  Exhibit B.  Applicant’s Master Personnel Records.
  Exhibit C.  Letter, AFLOA/JAJM, dated 3 December 2009.
  Exhibit D.  Letter, SAF/MRBR, dated 23 December 2009.
  Exhibit E.  Letter, AFBCMR, dated 16 March 2010.
  Exhibit F.  Letter, Applicant, dated 30 March 2010.





			XXXXXXXXXXXXXXX
			Panel Chair