RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02219
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
___________________________________________________________________
APPLICANT REQUESTS THAT:
His dishonorable discharge be upgraded to under other than
honorable conditions (UOTHC).
___________________________________________________________________
APPLICANT CONTENDS THAT:
It has been over 20 years since his discharge and he has served the
time for his mistakes as a kid. He now has his commercial driver’s
license (CDL) which requires a hazardous material (HAZMET)
certification to drive a local truck. However, his military
discharge records are causing him problems.
In support of his appeal, the applicant submits a letter from the
Transportation Security Administration (TSA), dated 14 May 08.
Applicant’s complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Based on available records, the applicant entered active duty on
8 Oct 80.
On 18 Feb 87, applicant was tried by General Court-Martial. He was
charged with (Charge I) one specification of attempt, with
premeditation, to commit murder of his military spouse, in
violation of Article 80, Uniform Code of Military Justice (UCMJ),
(on or about 27 Jun 86); (Charge II) one specification which, he
willfully and maliciously set on fire, the on-base living quarters
of his military spouse, valued at about $29,368, in violation of
Article 126, UCMJ. Applicant pled not guilty to Charge I and
Charge II. He was found guilty of Charge I. He was sentenced to
reduction in grade to airman basic (E-1), forfeiture of $438 per
month for 10 years, confinement for 10 years, and a dishonorable
discharge. On 29 Jul 87, the sentence was affirmed.
On 21 Apr 89, applicant was discharged pursuant to the General
Court-Martial Order, with a dishonorable discharge. He was
credited with 5 years, 10 months, and 6 days of active duty
(excludes time lost for confinement from 14 Aug 86 to 21 Apr 89).
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.
___________________________________________________________________
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. We note that this
Board is without authority to reverse, set aside, or otherwise
expunge a court-martial conviction. Rather, in accordance with
Title 10, United States Code, Section 1552(f), actions by this
Board are limited to corrections to the record to reflect actions
taken by the reviewing officials and action on the sentence of the
court-martial for the purpose of clemency. We also find no
evidence which indicates that the applicant’s service
characterization, which had its basis in his conviction by special
court-martial and was a part of the sentence of the military court,
was improper or that it exceeded the limitations set forth in the
Uniform Code of Military Justice (UCMJ). We have considered
applicant's overall quality of service, the special court-martial
conviction which precipitated the discharge, and the seriousness of
the offense to which convicted. However, based on the evidence of
record, we cannot conclude that clemency is warranted. Moreover,
it appears that he has not overcome the behavior traits which
caused the discharge based on the report provided by the FBI. In
view of the above, we cannot recommend approval based on the
current evidence of record.
___________________________________________________________________
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-2008-02219 in Executive Session on 11 February 2009, under the
provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Debra M. Czajkowski, Member
Mr. Anthony P. Reardon, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jun 08.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
MICHAEL J. NOVEL
Panel Chair
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