RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03263
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct discharge (BCD) be upgraded to an under honorable
conditions (general) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He went absent without leave (AWOL) because his father was dying and he did
not believe a request for leave would be granted.
The applicant’s complete submission 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 reviewed this application and recommends denial. JAJM notes the
applicant has not identified any errors or injustices related to his
prosecution or the sentence. A review of the record of trial shows no
error in the processing of the court-martial.
While clemency may be granted the applicant provides no justification in
support of his request. He did not provide any letters of support or any
documentation to show why he deserves an act of clemency. The main basis
for his request for clemency was his father’s ill health and eventual
death. This fact is not persuasive, though, since he presented this
information to the court-members at his trial and they decided that an
appropriate punishment for the offense would include a BCD. A BCD is
designed as a punishment for bad conduct. The BCD is more than a service
characterization; it is a punishment for the crime he committed while on
active duty. His sentence to a BCD and confinement was well within the
legal limits and was an appropriate punishment for the offense committed.
Additionally, to grant clemency in this case would be unfair to those
individuals who honorably served their country while in uniform. Congress'
intent in setting up the Veterans Benefits Program was to express thanks
for veterans' personal sacrifices, separations from family, facing hostile
enemy action and suffering financial hardships. All rights of a veteran
under the laws administered by the Secretary of Veterans Affairs are barred
where the veteran was discharged or dismissed by reason of sentence of
general court-martial. It would be offensive to all those who served
honorably to extend the same benefits to someone who committed a crime such
as the applicant’s while on active duty.
The complete AFLOA/JAJM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 Feb 11, a copy of the Air Force evaluation was forwarded to applicant
for review and comment within 30 days. To date, a response has not been
received (Exhibit E).
_________________________________________________________________
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 note this Board is without authority
to reverse, set aside, or otherwise expunge a court-martial conviction.
Rather, in accordance with Title 10, United States Code, Section 1552(f),
actions by this Board are limited to corrections to the record to reflect
actions taken by the reviewing officials and action on the sentence of the
court-martial for the purpose of clemency. We also find no evidence which
indicates that the applicant’s service characterization, 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 Uniform Code of Military Justice (UCMJ). We
have considered applicant's overall quality of service, the general court-
martial conviction which precipitated the discharge, and the seriousness of
the offense to which convicted, e.g., desertion. Based on the evidence of
record, we cannot conclude that clemency is warranted. In view of the
above, we cannot recommend approval based on the current evidence of
record.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue(s) involved. Therefore, the request for a
hearing 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-
03263 in Executive Session on 5 Apr 11, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated, 8 Aug 08.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 17 Feb 11.
Exhibit D. Letter, SAF/MRBR, dated 25 Feb 11.
Panel Chair
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