RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01478
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to an honorable
discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During his time in the service he performed his duties in an
exceptional manner. His performance reports were always of the
highest caliber. He gained invaluable knowledge and discipline
from his experience in the Air Force. He accepts full
responsibility for the actions that caused him to receive the
BCD. However, that was not the character of his service.
In support of his request, the applicant provides a personal
statement and documents extracted from his military personnel
records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant with prior service reenlisted in the Regular Air
Force on 1 April 1988.
The applicant was tried by a General Court-Martial in May 1990.
The applicant pled guilty to wrongful use of cocaine and
marijuana on divers occasions in violation of Article 112a,
Uniform Code of Military Justice (UCMJ). He was found guilty and
sentenced to a BCD, confinement for eight months, forfeiture of
$275.00 pay per month for eight months, and a reduction in grade
from staff sergeant to airman basic.
The applicant was discharged on 15 February 1991 with a BCD. He
served 11 years, 11 months, and 1 day on active duty. The period
3 May 1990 through 16 November 1990 was lost time due to
confinement.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the applicant has
identified no error or injustice related to his prosecution or
the sentence. An examination of the record of trial shows no
error in the processing of the court-martial. The applicant
provides no justification for his request and clemency is not
warranted in this case.
The mere fact that the applicant continues to accept
responsibility for his actions does not erase his past criminal
conduct, does not make his BCD any less appropriate for the
offenses he committed and certainly does not weigh in favor of
Board action now to undo that part of the punishment. To
overturn this punishment now would require the Board to
substitute its judgment for that rendered by the court and the
convening authority more than 20 years ago when the facts and
circumstances were fresh. A BCD was and continues to be part of
a proper sentence and properly characterizes his service.
Clemency in this case would be unfair to those individuals who
honorably served their country while in uniform. It would be
offensive to all those who served honorably to extend the same
benefits to someone who committed crimes such as the applicants
while on active duty.
The JAJM complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 October 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). 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 an error or injustice. After
thoroughly reviewing the evidence of record, we find no evidence
to show that the applicants discharge as a result of his
conviction by court-martial was erroneous or unjust. In view of
the foregoing, we agree with the opinion and recommendation of
the Military Justice Division and adopt the rationale expressed
as the basis for our decision that the applicant has failed to
sustain his burden of proof of the existence of either an error
or an injustice. Therefore, based on the evidence of record, we
find no basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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 AFBCMR Docket
Number BC-2010-01478 in Executive Session on 2 December 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01478 was considered:
Exhibit A. DD Form 149, dated 25 February 2010, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 14 June 2010.
Exhibit D. Letter, AFBCMR, dated 29 October 2010.
Panel Chair
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