RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00020
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded to a general (under
honorable conditions) discharge or an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He realizes that at the time of his conviction he had made a
major mistake. He loved the Air Force and had planned to
retire. He wishes he could still serve his country with pride
and honor.
He has bad health and has not been in trouble since his
discharge. He would like funeral rights and prays the Board
will forgive his stupid mistakes.
He was gainfully employed after discharge until October 2009.
He has had to file for Social Security Disability.
He has never been in any trouble with law enforcement, except a
speeding ticket.
He believes his exemplary work record and life style since his
discharge warrants an upgrade of his discharge.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and DD Form 293, Application for the Review of Discharge
from the Armed Forces of the United States.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 28 March 1978 and
is credited with six years, seven months, and three days of
active service.
Available records reflect that on 2 December 1983 the applicant,
then a senior airman, was tried and convicted by a Special
Court-Martial for knowingly and wrongfully using marijuana at
divers times between 1 August 1982 and 9 October 1983,
wrongfully possessing some amount of marijuana during July 1983,
and wrongfully distributing some amount of marijuana on or about
24 August 1983 and on or about 6 September 1983. He was
sentenced to a bad conduct discharge, confined to hard labor for
three months, and reduced to the grade of airman.
The sentence was adjudged on 6 December 1983 the unexecuted
portion of the sentence to confinement at hard labor for three
months was remitted. On 13 January 1984, the convening
authority approved the sentence and findings. The Air Force
Court of Military Review affirmed the findings and sentence on
2 March 1984. The United States Court of Military Appeals was
not petitioned for review of the case, making the findings and
sentence in the applicants case final and conclusive under the
Uniform Code of Military Justice. The applicant was discharged
on 12 December 1984.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) states they were unable to identify an
arrest record on the basis of the information furnished. On
9 July 2010, a request for post-service information was sent to
the applicant (Exhibit E). As of this date, no response has
been received.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the application is
untimely, the applicant has identified no error or injustice
related to his prosecution or the sentence, and clemency would
be unfair to those individuals who honorably served their
country while in uniform.
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 21 May 2010 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
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 an error or an injustice. After
reviewing all the evidence presented and noting the extreme
seriousness of the misconduct committed by the applicant, i.e.,
the use and distribution of an illegal substance, and the
limited post-service information provided, we are not persuaded
that clemency is appropriate. The applicant's discharge had its
basis in his trial and conviction by a duly constituted military
court and he has not identified any errors or injustices related
to his prosecution or the sentence. Therefore, we find no basis
to grant this request.
_________________________________________________________________
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-2010-00020 in Executive Session on 24 August 2010, under the
provisions of AFI 36-2603:
Mr. XXXX, Panel Chair
Mr. XXXX, Member
Ms. XXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Dec 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 6 Apr 10.
Exhibit D. Letter, SAF/MRBR, dated 21 May 10.
Exhibit E. Letter, AFBCMR, dated 9 Jul 10, w/atch.
XXXXX
Panel Chair
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