RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04154
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late-husbands Bad Conduct discharge (BCD) be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His service prior to the incident was exemplary. The applicant
requests an upgrade of her late-husbands discharge to allow for
burial in a Veterans cemetery.
In support of her request, the applicant provides copies of her
late-husbands DD Forms 214, Certificate of Release or Discharge
from Active Duty, and a copy of his death certificate.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 24 Sep 82, the deceased former member was furnished a BCD as a
result of being found guilty at a special court martial of
wrongful use of a controlled substance.
Pursuant to the Boards request, the FBI provided a copy of an
Investigative Report pertaining to the deceased former member
(Exhibit C).
On 31 Jan 11, a copy of the Investigative Report and a request
for post-service information was forwarded to the applicant for
review and comment within 30 days (Exhibit F).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force which is provided at Exhibit D.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial, indicating there is no evidence of
an error or injustice. The applicant has not identified any
errors or injustices related to the processing of her late-
husbands general court-martial. Although, the former service
member pled not guilty at trial, the court found him guilty of
the crime based on the evidence presented by the prosecution. 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
the service member committed while on active duty. His sentence
to a BCD and reduction in rank 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 service member while on active
duty.
The complete AFLOA/JAJM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 Feb 12, 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 service members 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
have considered service member's overall quality of service, the
special court-martial conviction which precipitated the
discharge, and the seriousness of the offense to which convicted.
Based on the evidence of record, we cannot conclude that clemency
is warranted. In view of the above, we find no basis to
recommend granting the relief sought in 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-2011-04154 in Executive Session on 18 Sep 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated, 13 Dec 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Invesigative Report.
Exhibit D. Letter, AFLOA/JAJM, dated 2 Feb 12.
Exhibit E. Letter, SAF/MRBR, dated 10 Feb 12.
Exhibit F. Letter, AFBCMR, dated 9 Aug 12, w/atch.
Panel Chair
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