RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02113
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to a general (under
honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young at the time of the incidents that led to his court-
martial. He lacked knowledge and suffered from a psychiatric
disorder. He was never offered social actions or any other type of
rehabilitation. He asserts his punishment was unduly harsh and notes
he has had no post-discharge involvement with the criminal justice
system.
In support of his appeal, the applicant has provided copies of his DD
Form 214, Certificate of Release or Discharge from Active Duty, and
letters of support.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 26 May 1978. Between
30 October 1979 and 6 November 1980, he was issued five (5) Article
15’s for “Failure to Go” to his appointed place of duty. He forfeited
a total of $725 and accumulated 47 days of additional duty as part of
the punishment he received for the Article 15’s. He was reduced in
grade from airman first class (A1C) to airman (Amn) on 20 November
1979 and reduced in grade from Amn to airman basic (AB) on 12 December
1979. On 22 August 1980, he was found guilty of wrongfully selling
and wrongfully transferring marijuana for which he was sentenced to a
BCD and three months confinement at hard labor. On 10 July 1981, he
was discharged with a BCD for Conviction by Court Martial – Other than
Desertion. He had served for 2 years, 10 months and 25 days. He
filed an application with the Air Force Discharge Review Board (AFDRB)
on 23 March 1990 and on 31 October 1990 (in person with counsel).
Both applications were denied based on the finding that the punitive
discharge adjudged was appropriate.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the applicant availed
himself of all appellate rights to which he was entitled under the
law. His punishment was well within legal limits and appropriate for
the offenses committed. JAJM notes while clemency may be granted
under 10 United States Code (U.S.C.) 1552(f) (2), the applicant
provides no justification for his request, and clemency is not
warranted in this case. There being no evidence of clear error or
injustice, JAJM recommends the Board deny his request.
The remaining pertinent legal facts are contained in the evaluation
prepared by JAJM at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5
October 2007 for review and comment within 30 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. The comments of the Office of
the Judge Advocate General are supported by the evidence of record.
We find no evidence of error in this case and after thoroughly
reviewing the documentation that has been submitted in support of
applicant's appeal, we do not believe he has suffered from an
injustice. The discharge appears to be in compliance with the
governing Air Force Regulation (AFR) and we find no evidence to
indicate that his separation from the Air Force was inappropriate.
Therefore, based on the available evidence of record, we find no basis
upon which to favorably consider 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 issue involved. Therefore,
the request for a hearing is not favorably considered.
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-
2007-02113 in Executive Session on 27 November 2007, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Debra K. Walker, Member
Mr. Kurt R. LaFrance, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 July 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 14 September 2007.
Exhibit D. Letter, SAF/MRBR, dated 5 October 2007.
THOMAS S. MARKIEWICZ
Chair
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