RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03514
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His dishonorable discharge (DD) be upgraded to a honorable
discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has paid for his mistakes with prison time and a DD. He
needs recognition of his good service prior to his court-
martial. He was acquitted of having sex with a female under the
age of 16. He accepted responsibility for his mistakes by
pleading guilty to the other charges.
In support of his request, the applicant provides copies of
excerpts from his military personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to the applicants military personnel records, he was
furnished a DD on 19 Nov 86.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report
which is attached at Exhibit C.
A copy of the FBI Investigative Report and a request for post-
service information was forwarded to the applicant on 23 May 12
(Exhibit F). As of this date, no response has been received by
this office.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit D.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial, indicating there is no evidence of
an error or injustice. On 15 Nov 85, the applicant was tried at
a general court-martial at Charleston Air Force Base for having
sexual intercourse, committing sodomy, and raping a female under
the age of 16 between 8 Mar 85 and 14 Apr 85. The applicant
pled guilty to all of the charges and specifications. He was
found guilty for the charges and specifications of having sexual
intercourse and committing sodomy, the charge of rape was
dismissed due to a pretrial agreement. He was sentenced to a
DD, confinement for five years, forfeiture of all pay and
allowances, and a reduction in rank to airman basic. On
8 Apr 86, the Air Force Court of Military Review approved and
affirmed the findings and sentence. On 18 Jul 86, the United
States Court of Military Appeals denied the applicants petition
for a review of his court-martial conviction; therefore, making
the findings and sentence final and conclusive under the Uniform
Code of Military Justice (UMCJ). His DD was executed on 13 Aug
86. Prior to accepting the applicants guilty plea, the judge
ensured he understood the meaning and effect of his plea and,
the maximum punishment he could have received if his guilty plea
was accepted by the court. In addition, the judge explained the
elements and definitions of the offense and the applicant
expressed why he believed he was guilty. After accepting the
applicants guilty plea, the court received evidence in
aggravation, as well as in extenuation and mitigation, prior to
crafting an appropriate sentence for the crimes committed.
While clemency in this case can be granted, it is not warranted
as it would be unfair to those who honorably served their
country while in uniform.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 22 Dec 11 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
________________________________________________________________
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). In
addition, the applicant has not provided information on his
post-service activities and accomplishments after being provided
an opportunity to present such information to the Board.
Therefore, based on the evidence of record, we cannot conclude
that clemency is warranted. 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-2011-03514 in Executive Session on 28 Jun 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-03514 was considered:
Exhibit A. DD Form 149, dated 29 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFLOA/JAJM, dated 16 Dec 11.
Exhibit E. Letter, SAF/MRBR, dated 22 Dec 11.
Exhibit F. Letter, AFBCMR, dated 23 May 12, w/atch.
Panel Chair
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