RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02295
INDEX CODE: 110.02
xxxxxxxxxxx COUNSEL: None
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to a general (under honorable
conditions) discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and was given a drug test without proper counsel.
In support of his request, the applicant provides a character reference
letter. The applicant's complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 14 Feb 84, the applicant enlisted in the Regular Air Force in the grade
of airman basic (E-1) for a period of 4 years.
On 10 Oct 87, the applicant was tried by a general court-martial. He was
charged with violation of Article 112a, wrongful use of cocaine; and
Article 134, breaking restriction. He was found guilty and was sentenced
to discharge with a BCD, confinement for 11 months and forfeiture of $300
pay per month for 11 months. The applicant was discharged with a bad
conduct discharge on 8 Aug 88. He served 3 years, 8 months and 17 days on
active duty. His period of lost time was from 13 Oct 87 through 20 Jul 88
due to his confinement.
The remaining relevant facts are contained in the letter prepared by the
Air Force Legal Operations Agency (AFLOA/JAJM) at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the applicant identified no
error or injustice related to his prosecution or the sentence. While
clemency may be granted it is not warranted in this case. The applicant's
sentence to a BCD, confinement for 11 months, and forfeiture of pay and
allowances was well within the legal limits and was an appropriate
punishment for the offenses committed. The military judge ensured the
applicant understood the meaning and effect of his plea and the maximum
punishment that could be imposed if his guilty plea was accepted by the
court. The trial attorney introduced evidence that the applicant had been
punished three times under Article 15, UCMJ, since April 1987, for
violating a driving revocation order, failing to go to his place of duty,
and for breaking restriction. He also had a civilian citation for driving
while intoxicated in Sep 85. JAJM states that upgrading the applicant's
discharge to general is not appropriate. The complete AFLOA/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 19 Sep
08 for review and response within 30 days. 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 error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case. However, after
thorough review of the evidence of record, it is our opinion that the
comments of the Air Force Legal Operations Agency are supported by the
evidence of record. We find no evidence of error in this case and after
thoroughly reviewing the applicant's submission, we do not believe he has
suffered from an injustice. We considered upgrading his discharge on the
basis of clemency; however, due to the serious nature of the offense
committed, we believe that the characterization of his discharge was proper
and in compliance with the appropriate directives. In the absence of
persuasive evidence to the contrary, we find no basis upon which to
favorably consider this application.
_________________________________________________________________
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 Docket Number BC-2008-02295
in Executive Session on 18 Nov 08 under the provisions of AFI 36-2603:
Mr. Gregory A. Parker Panel Chair
Ms. Karen A. Holloman, Member
Mr. Jeffery R. Shelton, Member
The following documentary evidence pertaining to Docket Number BC-2008-
02295 was considered:
Exhibit A. DD Form 149, dated 9 Jun 08, w/atch.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 8 Sep 08.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 08.
GREGORY A. PARKER
Panel Chair
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