RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00715
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His BCD should be upgraded due to the time elapsed since his
discharge.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 3 Jul 78 as an airman basic (E-1)
for a period of four years and was progressively promoted to the
grade of sergeant (E-4), effective and with a date of rank of
1 Mar 82.
On 30 Apr 84, the applicant pled guilty at a general court-
martial to multiple violations of Article 134 of the Uniform
Code of Military Justice, including wrongful use, possession,
and distribution of marijuana and methamphetamine; unlawful
receipt of stolen property; and conspiracy to introduce
marijuana on to a military installation. He was sentenced to a
reduction in grade to airman basic (E-1), confinement at hard
labor for 15 months, forfeiture of $397.00 per month for
15 months, and a BCD.
On 12 Feb 86, the applicant was furnished a BCD and was credited
with 6 years, 1 month, and 17 days of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is attached at Exhibit D.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial, indicating there is no evidence of
an error or injustice in the process of the applicants court-
martial or appeal. To overturn this punishment now would
require the Board to substitute its judgment for that rendered
by the court and the convening authority 26 years ago when the
facts and circumstances were fresh. An upgrade based on
clemency is also inappropriate as the applicant has not provided
any support to the idea that he has been rehabilitated since the
time of his court-martial.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
4 Jun 10 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 Report of Investigation and a request for
post-service information was forwarded to applicant on 2 Aug 10
for review and comment within 30 days. In response, the
applicant provides an expanded statement and copies of seven
letters of support for his request (Exhibit G).
________________________________________________________________
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 injustice. We took
notice of the applicants 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 our conclusion the
applicant has not been the victim of an error or injustice. We
find no evidence which indicates the applicants BCD, which had
its basis in his conviction by general 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 UCMJ. Furthermore,
because of the lack of documentation concerning his activities
since leaving the service, we are not inclined to recommend
upgrading his discharge based on clemency at this time. In view
of the forgoing, and in the absence of sufficient 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 AFBCMR Docket
Number BC-2010-00715 in Executive Session on 23 Sep 10, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Feb 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFLOA/JAJM, dated 19 May 10.
Exhibit E. Letter, SAF/MRBR, dated 4 Jun 10.
Exhibit F. Letter, AFBCMR, dated 2 Aug 10, w/atch.
Exhibit G. Letter, Applicant, dated 31 Aug 10, w/atchs.
Panel Chair
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