RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-03852
INDEX CODE: 110.02
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her bad conduct discharge (BCD) be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her discharge was inequitable because it was based on less than a 12 month
period [sic]. She has had no trouble or charges against her since 1983 and
has been a good citizen with a clean record.
In support of her request, the applicant submits a criminal records search
certification.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 29 May 79. She was
accused of using and transferring both marijuana and cocaine on numerous
occasions between Apr 80 and Feb 81. On 3 and 4 May 82, she was tried at a
general court-martial and eventually charged with one specification of
wrongful use of marijuana and one specification of wrongful transfer of
cocaine, all in violation of Article 134, Uniform Code of Military Justice
(UCMJ). She pled not guilty to the charge and specifications; however, a
panel of officers and enlisted personnel found her guilty of the charge and
all specifications except the specification of wrongful transfer of
cocaine.
She was sentenced to a bad conduct discharge, confinement (at hard labor)
for 18 months, and forfeiture of $350.00 per month for 18 months and
reduction to the grade of airman basic. On 16 Aug 82, the convening
authority approved the findings and sentence as adjudged. The Air Force
Court of Military Review affirmed the findings and sentence on 3 Dec 82.
The United States Court of Military Appeals denied the applicant’s petition
for review on 18 May 83, which made the findings and sentence in her case
final and conclusive under the UCMJ.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM notes the applicant’s contentions are
not supported by the Record of Trial. The record shows the applicant was
afforded all of the procedural rights offered by the court-martial and
appellate process. She was given the opportunity to plead not guilty to
the offenses and have a panel of officer and enlisted members decide
whether the evidence showed, beyond a reasonable doubt, that she had
committed the offenses. One of the witnesses testified that he and the
applicant used marijuana together five to ten times during one three month
period. The witnesses also testified that they later started using
marijuana a couple of times a week, that they used the marijuana on base
and that he bought marijuana from the applicant on a couple of occasions.
A second and third witness corroborated much of the testimony of the first
witness and also testified to using marijuana and cocaine with the
applicant. The members were able to evaluate the evidence and found the
applicant guilty of three of the four specifications.
JAJM states clemency in this case would be unfair to those individuals who
honorably served their country while in uniform. All rights of a veteran
under the laws administered by the Secretary of Veterans Affairs are barred
where the veteran was discharged or dismissed by reason of the sentence of
a general court-martial.
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 15 Jan
10, 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 error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for the conclusion that
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no basis to recommend
granting the relief sought in 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 this application in Executive
Session on 18 Aug 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-2009-03852:
Exhibit A. DD Form 149, dated 28 Sep 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 17 Dec 09.
Exhibit D. Letter, SAF/MRBR, dated 15 Jan 10.
Panel Chair
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