RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01357
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bade conduct discharge (BCD) be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The 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.
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM reviewed this application and recommends denial. A
complete copy of the 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 2 Jul 10 for review and response within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 probable error or injustice. We are
not persuaded by the evidence presented that the characterization
of service received by the applicant should b changed. The
applicants discharge was based on his trial and conviction by a
special court-martial. While law precludes us from reversing a
court-martial conviction, we are authorized to correct the
records to reflect actions taken by reviewing officials and to
take action on the sentence of a military court based on
clemency. There is nothing in the available record that would
cause us to disturb the actions of the reviewing officials in
this case. Therefore, we find no basis to favorably consider
this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 19 Aug 10, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2010-
01357 was considered:
Exhibit A. DD Form 149, dated 8 Jan 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 3 Jun 10.
Exhibit D. Letter, SAF/MRBR, dated 2 Jul 10.
Panel Chair
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