RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03210
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
___________________________________________________________________
APPLICANT REQUESTS THAT:
His dishonorable discharge be upgraded to an under honorable conditions
(general) discharge.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he has become a responsible member of society.
In support of the application, the applicant submits letters of support
from his former employer, pastor and wife.
Applicant's complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force on 2 May 78.
He was tried before a general court-martial on 9 Feb 82. He pled
guilty to five specifications of wrongfully selling cocaine. On 25 Feb
82, he was sentenced to a dishonorable discharge, five years
confinement, forfeiture of all pay and allowances, and reduction to the
grade of E-1. The convening authority reduced his confinement to four
years. Upon completion of his confinement he was discharged with a
dishonorable discharge on 21 Jun 83.
Pursuant to the Board’s request, the Federal Bureau of Investigation
provided an Investigative Report which is attached at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends the requested relief be denied. Under 10 USC,
Section 1552(f), which amended the basic AFBCMR legislation, the
AFBCMR’s ability to correct records related to courts-martial, is
limited. Specifically, Section 1552(f)(1) permits the correction of a
record to reflect actions taken by reviewing authorities under the
Uniform Code of Military Justice (UCMJ). Additionally, Section
1552(f)(2) permits the correction of records related to action on the
sentence of courts-martial for the purpose of clemency. Apart from
these two limited exceptions, the effect of Section 1552(f) is that the
AFBCMR is without authority to reverse, set aside, or otherwise expunge
a courts-martial conviction that occurred on or after 5 May 50.
AFLOA/JAJM further states the applicant has not identified any errors
or injustices related to his prosecution or sentence. While clemency
is an option, there is no reason for the Board to exercise clemency in
this case. The applicant presents insufficient evidence to warrant
upgrading his discharge characterization, and does not demonstrate an
equitable basis for relief.
The complete AFSOA/JAJM evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Dec 07, the Board staff forwarded the applicant a copy of the Air
Force evaluation for review and comment within 30 days. As of this date,
no response has been received by this office (Exhibit E).
A copy of the FBI Investigative Report was forwarded to the applicant
on 30 Jan 08 for review and comment within 30 days. As of this date,
this office has received no response (Exhibit F).
___________________________________________________________________
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 careful consideration
of the available evidence, we found no indication that the
characterization of the applicant’s service was improper, contrary to the
provisions of the governing regulations in effect at the time, or that
the actions taken against the applicant were based on factors other than
his own misconduct. We considered upgrading the discharge based on
clemency; however, we do not find the evidence presented is sufficient to
compel us to recommend granting the relief sought on that basis.
Therefore, in the absence of evidence to the contrary, we find no basis
upon which to recommend granting the relief sought.
___________________________________________________________________
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-
2007-03210 in Executive Session on 27 Feb 08 under the provisions of
AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Dee R. Reardon, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, not dated, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFLOA/JAJM, dated 6 Dec 07.
Exhibit E. Letter, SAF/MRBR, dated 21 Dec 07.
Exhibit F. Letter, SAF/MRBC, dated 31 Jan 08.
MICHAEL J. MAGLIO
Panel Chair
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