RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00411
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to a general (under honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant provides no contentions.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Oct 71, the applicant entered the Regular Air Force.
On or about 28 Feb 72, the applicant assaulted another airman by
pointing a .22 caliber starter pistol at him. The applicant
received an Article 15, Record of Nonjudicial Punishment
Proceedings, Uniform Code of Military Justice (UCMJ). His
punishment consisted of a forfeiture of $100 per month for two
months and a suspended reduction in grade to airman basic until
9 Oct 72.
On or about 3 Nov 72, the applicant failed to go to his
appointed place of duty. He received an Article 15 and his
punishment consisted of a reduction in grade to airman and a
suspended forfeiture of $50 per month for two months until 1 May
73.
On or about 7 May 73, the applicant failed to go at the time
prescribed to his appointed place of duty. The applicant
received an Article 15 and his punishment consisted of a
forfeiture of $50 per month for two months and a suspended
reduction in grade to airman basic until 1 Nov 73.
On 7 Mar 74, the applicant was tried and found guilty by Special
Court-Martial for possessing 267 grams, more or less, of
marijuana. He was sentenced to a bad conduct discharge,
reduction in grade to airman basic, and forfeiture of $100 per
month for three months. On 2 Apr 74, the sentence was adjudged.
On 19 Sep 75, the applicant was discharged with a UOTHC
discharge. He is credited with 3 years, 11 months, and 15 days
of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigations (FBI) provided an investigative report, which is
at Exhibit C. On 21 Mar 11, a copy of the report and a request
for post-service information was forwarded to the applicant for
a response within 30 days (Exhibit D). As of this date, this
office has not received a 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 note that 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 the applicants service characterization,
which had its basis in his conviction by special 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 also find insufficient evidence to
warrant a recommendation that the discharge be upgraded on the
basis of clemency. We have considered the applicant's overall
quality of service, the events which precipitated the discharge and
available evidence related to his post-service activities and
accomplishments. We do not believe that clemency is warranted at
this time. Therefore, based on the available evidence of record,
we find no basis upon which to favorably consider 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 Docket Number
BC-2011-00411 in Executive Session on 21 July 2011, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 January 2011.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 3 April 2011.
Exhibit D. SAF/MRBC, Letter, dated 21 March 2011.
Panel Chair
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