RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01692
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to a general (under
honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Due to his immaturity and the group of people he chose to hang-
out with, he made a very bad choice. He has been a Firefighter
Emergency Medical Technician for the past 23 years and a
respected member of his community.
In support of his appeal, the applicant provides a personal
letter.
A copy of the applicants complete submission, with attachment,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application 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 recommends denial. JAJM states the record shows the
applicant was afforded all of the procedural rights offered by
the court-martial and appellate process. There is no evidence of
error or injustice in the process of the applicants court-
martial or appeal.
JAJM indicates that under Title 10, United States Code (USC),
Section 1552(f), which amended the basic corrections board
legislation, the Air Force Board for Correction of Military
Records (AFBCMR) ability to correct records related to courts-
martial, is limited. Specifically, Section 1552(f)(1) permits
the correction of a record to reflect actions taken by reviewing
authorities under the UCMJ. Additionally, Section 1552(f)(2)
permits the correction of records related to action on the
sentence of courts-martial for the purpose of clemency. Apart
from these two limited exceptions, the effect of Section 1552(f)
is that the AFBCMR is without authority to reverse, set-aside, or
otherwise expunge a court-martial conviction that occurred on or
after 5 May 1950 (the effective date of the UCMJ).
It is JAJMs opinion that while clemency may be granted under
Title 10 USC Section 1552 (f) (2), the applicant provides no
justification for his request, and clemency is not warranted in
this case. The applicants work as a firefighter, however
admirable, does not demonstrate by itself that he has been
rehabilitated since the time of his court-martial 33 years ago.
The inclusion of a BCD in the applicants sentence was well
within the legal limits and was part of an appropriate punishment
for the offenses committed. Nothing by the applicant erases this
past criminal conduct and he has certainly not provided anything
to support action by the Board to overturn the BCD. To overturn
this punishment now would require the Board to substitute its
judgment for that rendered by the court and convening authority
33 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.
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 29 October 2010, for review and comment within 30 days. 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. 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 our conclusion that the
applicant has not been the victim of an error or injustice.
Furthermore, we do not find clemency is appropriate in this case
since the applicant has not provided any evidence concerning his
post-service activities. Therefore, the applicants request is
not favorably considered.
_________________________________________________________________
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-2010-01692 in Executive Session on 1 February 2011,
under the provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-01692:
Exhibit A. DD Form 149, dated 28 Apr 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 30 Jun 10.
Exhibit D. Letter, SAF/MRBR, dated 29 Oct 10.
Chair
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