RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00235
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 JUL 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires his discharge upgraded, not because it was unjust, but because
he was immature during the contested time period and now sees the errors in
his ways. He states he has contacted Hepatitis C and needs medical
benefits. He further states he has changed his life around and now helps
others with drug addiction.
In support of his request, the applicant provided character reference
letters.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 6 February 1985 in the grade
of airman basic. He served as an Apprentice Aircrew Life Support
Specialist.
On 30 July 1986, the applicant, pled guilty before a General Court-Martial
to one specification of wrongful possession of cocaine in violation of
Article 112a, Uniform Code of Military Justice (UCMJ). The sentenced was
adjudged on 5 June 1986. The applicant was sentenced to a bad conduct
discharge, confinement for three months, a forfeiture of $350.00 per month
for three months, and a reduction in grade from airman to airman basic. On
21 August 1987, applicant was discharged. He served 2 years, 6 months, and
16 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the application has not been
timely filed. Applicant provides no reason why the Board should excuse the
late filing in the interest of justice. The application is also meritless.
The applicant does not contend that any specific actions have been taken
by reviewing authorities that require correction of his record. Thus, any
decision regarding his discharge status must be done as a matter of
clemency. He sets forth no basis for clemency; however, except that he
would like the medical benefits attendant to an honorable discharge due to
contracting Hepatitis C, which he apparently contracted post-discharge (his
Air Force medical records do not indicate hepatitis). Further, while his
recent service to others is laudable, it does not suggest that his
discharge should be upgraded. His period of military service was brief and
his present medical problems not related to his military service.
Moreover, the abuse of illegal drugs is a serious crime. As such, a
general court-martial was an appropriate forum. In choosing to plead
guilty, the applicant knew full well the possible punishment (the maximum
was five years confinement, forfeiture of all pay and allowances, and a
dishonorable discharge). Given the sentence he received, there is little
basis for clemency.
The JAJM complete evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 March 2007, the 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.
_________________________________________________________________
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. 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 not been a
victim of either an error or injustice. While it is commendable that he
has changed his life around and now helps others to overcome drug
addiction, we are not persuaded by the evidence submitted that an upgrade
to his characterization of service is warranted. It appears the applicant
is requesting his discharge be upgraded in order to receive medical
benefits through the Department of Veterans Affairs (DVA). We are
compelled to note that in accordance with statutory guidelines, because the
applicant was discharged by sentence of a General Court-Martial, of which
this Board has no authority to change, he would remain ineligible for DVA
benefits. Therefore, in the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an 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.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2007-
00235 in Executive Session on 12 April 2007, under the provisions of AFI 36-
2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Patrick C. Daugherty, Member
Mr. Todd L. Schafer, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 26 Feb 07.
Exhibit E. Letter, SAF/MRBR, dated 9 Mar 07.
KATHY L. BOOCKHOLDT
Panel Chair
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