RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04717
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Over 20 years ago, he served his time for making poor decisions.
He is hoping that by taking responsibility for his actions the
Board will grant him an upgrade.
The applicant does not provide any supporting documentation.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 30 Jun 79.
He received a BCD on 15 May 84 in the grade of airman basic (E-
1).
Additional 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 applicant was
afforded all of the procedural rights offered by the court-
martial and appellate process. In addition, the applicants case
was automatically referred and reviewed by the Air Force of
Military Review; however, there was no evidence of error or
injustice in the process of his case. While clemency may be
granted under 10 U.S.C. 1552(f)(2), the applicant provides no
justification for his request; therefore, clemency is not
warranted in this case. Although the applicant states he
deserves clemency because he was young when he committed the
offenses and he has taken responsibility for his actions,
unfortunately for him, he has not provided any supporting
documents to show how he has taken responsibility for his
actions. To overturn the applicants punishment now would
require the Board to substitute its judgment for that rendered by
the court and the convening authority over 28 years ago when the
facts and circumstances were fresh. Additionally, clemency in
this case would be unfair to those individuals who honorably
served their country while in uniform.
The AFLOA/JAJM complete 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 18 Feb 11 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 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. We considered
upgrading his discharge based on clemency; however, we do not find
the evidence presented is sufficient to recommend granting the
relief sought on that basis. Therefore, in the absence of
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-2010-04717 in Executive Session on 7 Jun 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Dec 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 7 Feb 11.
Exhibit D. Letter, SAF/MRBR, dated 18 Feb 11.
Panel Chair
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