RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01226
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His dishonorable discharge (DD) be upgraded to a general (under
honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During the period in question, he was under tremendous stress due
to his marital and family problems. He was not counseled or
provided an opportunity for retention or rehabilitation.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 26 Feb 93, the applicant contracted his initial enlistment in
the Regular Air Force. He served as a Communication Cable
Systems Apprentice.
The applicant was charged with two specifications of being absent
without leave (AWOL) from 16 Jan 96 to 28 Jan 96 and 1 Feb 96 to
5 Feb 96. He was tried by special court-martial on 22 Feb 96,
pled guilty to the charge and specifications, and was sentenced
to a BCD, confinement, forfeiture of pay, and a reduction to the
grade of airman basic (E-1). On 10 Jun 96, the convening
authority approved the findings and sentence as adjudged. The
Air Force Court of Criminal Appeals affirmed the findings and
sentence of this case on 23 Jan 97. The applicant appealed to
the United States Court of Appeals for the Armed Forces and the
court denied his appeal on 21 Apr 97. The applicants BCD was
ordered executed on 3 Jun 97.
On 9 Jun 97, he was furnished a BCD and credited with 4 years, 2
months, and 14 days of active service. He had 22 days of lost
time.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial to upgrade the applicants discharge
to general. The applicant alleges his DD was not warranted. He
also states he was not provided counseling or given a chance at
rehabilitation. JAJM notes the applicant's case was conducted
properly and in accordance to the rules and procedures of courts-
martial. His rights during the trial and appeal were thoroughly
observed and the applicant has not identified any errors or
injustices related to his prosecution or sentence. The applicant
voluntarily pled guilty to the charge and specifications. The
military judge weighed all the evidence and imposed an
appropriate punishment for the offenses committed. To overturn
this punishment now would require the Board to substitute its
judgment for that rendered by those at that time when the facts
and circumstances of the situation were fresh. His BCD was and
continues to be part of a proper sentence and properly reflects
his service. Additionally, to grant clemency in this case would
be unfair to those individuals who honorably served their country
while in uniform.
Notwithstanding the above, it appears as though the applicants
DD Form 214, Certificate of Release or Discharge from Active
Duty, erroneously reflects he received a DD. JAJM has verified
through the Record of Trial and the Air Force Automated Military
Justice Analysis and Management System (AMJAMS) he received a
BCD, not DD as part of his court-martial sentence. The 76th
MSS/DPMARS by memorandum dated 13 Jun 97 acknowledged the noted
error and recommended the applicants DD Form 214 be corrected.
JAJM recommends his DD Form 214 be corrected to reflect he
received a BCD rather than a DD if the correction has not already
taken place.
The complete AFLOA/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 24 Jun 11 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
_________________________________________________________________
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 an injustice to warrant
an upgrade of the applicants discharge to general. 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
(OPR) and adopt its rationale as the basis for our decision that
the applicant has failed to sustain his burden of proof of the
existence of an error or an injustice. Although the applicants
record erroneously reflects he received a dishonorable discharge,
his record will be administratively corrected to reflect that he
actually received a BCD. We considered upgrading the discharge
based on clemency; however, in the absence of any evidence
related to the applicants activities since leaving the service,
we find no basis to recommend granting the relief sought on that
basis. Therefore, in view of the above, we find no basis to
recommend any corrections to his record beyond that which will be
administratively resolved.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2011-01226 in Executive Session on 6 Dec 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Mar 11.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 26 May 11.
Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11.
Panel Chair
AF | BCMR | CY2007 | BC-2007-00594
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00594 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 1 SEP 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to general (under honorable conditions). The Air Force Court of Criminal Appeals affirmed the findings and sentence on 2 Feb 01. The...
AF | BCMR | CY2011 | BC-2011-00319
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00319 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His military records and civilian criminal records be corrected to reflect he received a bad conduct discharge (BCD) for indecent acts and sodomy instead of a dishonorable discharge (DD) for strong arme [sic]...
AF | BCMR | CY2006 | BC-2006-01441
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01441 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 13 NOVEMBER 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a general (under honorable conditions) discharge. The applicant requests an upgrade of the character of his service. The AFLOA/JAJM...
AF | BCMR | CY2013 | bc-2013-01459
In support of his appeal, the applicant provided copies of his DD Form 214, Certificate of Release or Discharge from Active Duty and General Court-Martial Order The applicants complete submission is at Exhibit A. Rather, in accordance with Title 10, United States Code, Section 1552(f), our actions 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 find no evidence...
AF | BCMR | CY2011 | BC-2011-01421
On 6 Sep 89, the Air Force Court of Military Review found the findings and sentence correct in law and fact. The military judge weighed all the evidence and found the applicant guilty of two specifications and not guilty of the use of marijuana. We find no evidence which indicates the applicants service characterization, which had its basis in his court-martial conviction and was a part of the sentence of the military court, was improper or that it exceeded the limitations set forth in...
AF | BCMR | CY2013 | BC-2013-01367
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01367 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to an honorable discharge. He was sentenced to a BCD, confinement for 16 months, and reduction in grade to airman basic. _________________________________________________________________ THE BOARD...
AF | BCMR | CY2013 | BC 2013 02018
On 29 Aug 85, the applicant was furnished a BCD with a narrative reason for separation of conviction by court-martial (desertion). On 8 May 87, the Air Force Discharge Review Board considered the applicants appeal to upgrade is discharge to General and denied his request, finding neither the evidence of record nor that provided by the applicant substantiated an inequity or impropriety which would justify a change of the discharge. The remaining relevant facts pertaining to this...
AF | BCMR | CY2008 | BC-2006-02808
A complete copy of the AFPC/DPSO evaluation is at Exhibit C. AFPC/DPPPEP indicates that after review of the referral report, they are advising the Board to remove the comment "During this period, MSgt P--- was given 24 months hard labor, a reduction in grade for reviewing child pornography." A complete copy of the AFLOA/JAJM evaluation, with attachment, is at Exhibit G. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE...
AF | BCMR | CY2013 | BC 2012 05572
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denying the applicants request due to untimeliness or on its merits indicating the applicant has not supplied any evidence of injustice. There is nothing in the record that supports the applicants...
AF | BCMR | CY2011 | BC-2011-01484
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01484 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded. It would be offensive to all those who served honorably to extend the same benefits to someone who committed a crime such as the applicants while on active duty. While we are precluded by law...