RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01738
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
The BCD is an inaccurate description of his character and
military performance record. He would like his record corrected
in order to meet job and entrepreneurial expectations. Time has
served its justice.
In support of his request, the applicant provides copies of
excerpts of his military personnel records, which include his
DD Form 214, Certificate of Release or Discharge from Active
Duty; DD Form 4, Enlistment/Reenlistment Document, and documents
related to his court martial.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to the applicants discharge,
extracted from the applicants military personnel records, are
contained in the letter prepared by the Air Force office of
primary responsibility, which is at Exhibit C. Accordingly,
there is no need to recite these facts in this Record of
Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial, indicating there is no evidence of
an error or injustice. On 17 20 May 93, the applicant, then a
senior airman (E-4), was tried by a general court-martial for
charges associated with sexually related offenses against fellow
Airmen. Based on this, the applicant was charged with one
specification of unlawfully entering a dormitory room with
intent to commit a criminal offense sodomy, in violation Of
Article 130 of the Uniform Code of Military Justice (UCMJ); one
specification of sodomy by force and without consent, in
violation of Article 125 of the UCMJ; and one specification of
indecent assault, in violation of Article 134 of the UCMJ. The
applicant pled not guilty to the charges and specifications
before a panel of officer and enlisted members who found him
guilty of unlawfully entering the dormitory room with the intent
to commit a criminal offense and sodomy by force without
consent, but found him not guilty of indecent assault. The
applicant was sentenced to a BCD, confinement for 18 months, and
reduction to the grade of airman basic (E-1). On 26 Nov 93, the
convening authority approved the findings and sentence as
adjudged. On 28 Aug 95, the Air Force Court of Criminal Appeals
(AFCCA) affirmed the findings of guilty and the sentence and his
discharge was ordered executed on 20 Feb 96. The applicant does
not allege an error or injustice in his rout-martial and the
record shows that he was afforded all the procedural rights
offered by the court-martial and appellate process. While
clemency may be granted, the applicant provides no justification
for his request, and clemency is not warranted in this case.
While he contends the BCD is not an accurate description of his
character, he has not provided any documentation in support of
that statement. Furthermore, the applicants crimes were
especially serious and, as such, the inclusion of a BCD in the
sentence was well within the legal limits.
A complete copy of the 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 29 Jul 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 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 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 the Uniform Code of Military Justice (UCMJ). We
have considered the applicants overall quality of service, the
court-martial conviction which precipitated the discharge, and
the seriousness of the offenses to which convicted. Based on
the evidence of record, and the absence of any documentation
describing the applicants post-service activities, we cannot
conclude that clemency is warranted in this case. Therefore, we
find no basis upon which to favorably consider this application.
________________________________________________________________
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-2011-01738 in Executive Session on 2 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 19 Jul 11.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 11.
Panel Chair
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