RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00763
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 14 NOVEMBER 2008
______________________________________________________________
APPLICANT REQUESTS THAT:
Her bad conduct discharge (BCD) be upgraded to a general discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
She does not believe her punishment was correct considering she told the
truth and was a good airman. She indicates she made a stupid mistake;
however she was young but never allowed anything to affect her work
performance. After leaving the military she was depressed and traumatized
about what had happened and did not want to think about her military
experience and the errors she made. She is now ready to face her mistakes
and attempt to correct her injustice. In addition, she graduates from
Oswego State college (May 2007) with a Bachelors Degree in Zoology and does
not want the BCD she received to prevent her from obtaining a government
job.
In support of her request, the applicant submits a copy of AF Form 100,
Request and authorization for Separation and correspondence consisting of
her educational accomplishments/achievements.
Her complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 23 August 2000. On 19
September 2001, she was charged with wrongful use of
methylenedioxymethamphetamine (ecstasy), and wrongful use of lysergic acid
diethylamide (LSD), in violation of Article 112a. She pled guilty to both
charges and was sentenced to a BCD, reduction to the grade of airman basic
and confinement for three months. The convening authority approved the
sentence as adjudged. On 23 October 2003 she was discharged in the grade
of airman basic. She served a total of three years, two months and one day
on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the application is without merit
and the applicant is not contending that any specific actions have been
taken by reviewing authorities that require correction of her military
record. Thus, any decision regarding her discharge status must be done as
a matter of clemency. However, the applicant sets forth no basis for
clemency other than her performance prior to her court-martial and her
education since then. She provides no evidence to suggest the findings of
guilt or punishment was unjust. JAJM states the use of ecstasy and LSD are
serious offenses which are incompatible with military service. As such, a
general court martial was the appropriate forum. There is no allegation of
impropriety in the manner in which the court-martial was conducted, and she
was afforded all the rights accorded by law. She chose to plead guilty to
both offenses knowing full well the possible punishment. There is no
evidence of clear error or injustice related to the sentence. Therefore,
there are no reasons to grant the relief requested.
The complete JAJM 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 3 July
2007 for review and comment within 30 days. As of this date, this office
has received no response (Exhibit D).
________________________________________________________________
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. After careful consideration of the
available evidence, the Board found no indication the actions taken to
affect her discharge and characterization of her service were improper,
contrary to the provisions of the governing regulations in effect at the
time, or based on factors other than her own misconduct. Therefore, the
Board agrees with the opinion and recommendation of the Air Force office of
primary responsibility and adopts its rationale as the basis for their
conclusion that the applicant has not been the victim of an error or
injustice.
________________________________________________________________
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 AFBCMR Docket Number BC-2007-
00763 in Executive Session on 8 August 07, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Clarence R. Anderegg, Member
The following documentary evidence pertaining to Docket Number BC-2007-
00763 was considered:
Exhibit A. DD Form 149, dated 27 Apr 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C Letter, AFLOA/JAJM, dated 7 Jun 07.
Exhibit D. Letter, SAF/MRBR, dated 3 Jul 07.
JAMES W. RUSSELL III
Panel Chair
AF | BCMR | CY2007 | BC-2007-01370
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01370 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 8 NOVEMBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to an under honorable conditions (general) discharge. The AFLOA/JAJM complete evaluation is at Exhibit...
AF | BCMR | CY2014 | BC 2014 00859
On 23 Feb 08, the Air Force Court of Criminal Appeals found that the approved findings and sentence were correct in law and fact. AIR FORCE EVALUATION: AFLOA/JAJM recommends denying the applicant's request due to untimeliness or on its merits indicating the applicant offers no allegations of an error or injustice, but only that he has learned from his mistakes and does not want the discharge to hinder his future. We find no evidence which indicates the applicants service characterization,...
AF | BCMR | CY2007 | BC-2007-01473
After completion of the appellate review process, applicant was discharged with a BCD on 18 Mar 98. A BCD was an appropriate sentence and properly characterizes his service. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request.
AF | BCMR | CY2008 | BC-2007-00960
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00960 INDEX CODE: A68.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Applicant’s request is not clear; however, it appears she is requesting that her bad conduct discharge (BCD) be upgraded and/or be changed to a medical discharge or retirement. She was convicted of the remaining specifications, but...
AF | BCMR | CY2005 | BC-2004-03418
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03418 INDEX CODE 106.00 COUNSEL: None HEARING DESIRED: Not Indicated MANDATORY COMPLETION DATE: 7 May 06 _________________________________________________________________ APPLICANT REQUESTS THAT: Her 2003 Bad Conduct Discharge (BCD) be upgraded. On 8 Oct 03, the applicant was separated in the grade of airman basic with a BCD after three years, five months and five days of...
AF | BCMR | CY2008 | BC-2007-02266
The AFLOA/JAJM 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 16 Nov 07, for review and comment within 30 days. Further, we find no evidence of error in this case and after thoroughly reviewing the evidence of record, we do not believe she has suffered from an injustice. ...
AF | BCMR | CY2008 | BC-2007-02813
At no time was he in the chain of command of the student he was convicted of having the relationship with. DPSOA states no issue of error or injustice warranting the requested relief is presented by the applicant as he held the grade of E-3 or below at the time of his discharge. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...
AF | BCMR | CY2007 | BC-2006-02737
________________________________________________________________ APPLICANT CONTENDS THAT: During the course of her imprisonment, she completed all the Air Force requirements to include serving her prison and parole time. The convening authority approved the sentence as adjudged and the Air Force Court of Military Review affirmed the findings and the sentences as appropriate. The complete JAJM evaluation is at Exhibit...
AF | BCMR | CY2007 | BC-2006-03540
In addition, applications must be filed within three years after the alleged error or injustice was discovered, or, with due diligence, should have been discovered, His discharge was executed 19 November 2001 and he was separated from the Air Force 27 November 2001. The complete JAJM 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...
AF | BCMR | CY2008 | BC-2007-03711
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03711 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to an under honorable conditions (general) discharge. Under 10 USC Section 1552, which amended the basic correction board legislation, the AFBCMR’s ability to correct records related to...