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AF | BCMR | CY2012 | BC-2012-00802
Original file (BC-2012-00802.pdf) Auto-classification: Denied
RECORD OF PROCEEDINGS 

 

   DOCKET NUMBER: BC-2012-00802 

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF:   
 
COUNSEL:  NONE 
   
 
HEARING DESIRED: NOT INDICATED 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His under other than honorable conditions discharge be upgraded 
to honorable. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
His discharge should be upgraded for the good of the service. 
 
In  support  of  his  request,  the  applicant  provides  his  resume, 
DD Form  214,  Report  of  Separation  from  Active  Duty  and  letters 
of support. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  enlisted  in  the  Regular  Air  Force  on  10  October 
1974.  On 20 August 1975, the applicant was convicted by special 
court-martial for failing to obey a lawful general regulation by 
wrongfully  using  heroin,  in  violation  of  92,  Uniform  Code  of 
Military Justice.  He was sentenced to a bad conduct discharge, 
confinement  at  hard  labor  for  four  months  and  reduction  to  the 
grade of airman basic.   
 
The  applicant  was  discharged  effective  17  March  1976  with  an 
under  other  than  honorable  conditions  discharge.    He  was 
credited  with  1  year,  4  months  and  8  days  of  active  duty 
service.   
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFLOA/JAJM  recommends  denial.    The  applicant  requests  his 
discharge be upgraded, yet he offers no argument as to why his 
discharge should be upgraded.  He alleges no error or injustice 

be 

no 

for 

upgrading 

his 

justification 

regarding the findings of the court-martial or the sentence.  He 
also offers no new information regarding the offense.   
 
Title  10  United  States  Code  1552(f)(2)  permits  the  Air  Force 
Board  for  Correction  of  Military  Record,  relating  to  action  on 
the  sentence  of  courts-martial,  for  the  purpose  of  clemency.  
The Rules for Courts-Martial 1003(b)(8)(C) states a bad conduct 
discharge is designed as punishment for bad conduct. It is more 
than  just  a  service  characterization;  it  is  a  punishment  for 
crimes committed while a member of the Armed Forces. 
 
The applicant’s sentence to a bad conduct discharge, confinement 
at  hard  labor  for  four  months  and  a  reduction  to  airman  basic 
was  well  within  the  legal  limits  and  was  an  appropriate 
punishment  for  the  crime  committed.    Having  demonstrated  no 
undue hardship or burden imposed by his discharge, there appears 
to 
discharge 
characterization  in  the  interest  of  clemency.  Upgrading  the 
applicants discharge is not appropriate. 
 
The complete 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 28 June 2012, for review and comment within 30 days 
(Exhibit  D).    As  of  this  date,  this  office  has  received  no 
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.  After careful 
consideration  of  the  applicant’s  request  and  the  available 
evidence of record, we find no evidence which indicates that the 
applicant’s 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 applicant's overall quality 
of  service,  the  special  court-martial  conviction  which 
precipitated  the  discharge,  and  the  seriousness  of  the  offense 
to which convicted, e.g., wrongful use of heroin.  Based on the 
evidence  of  record,  we  cannot  conclude  that  clemency  is 

 

2 

warranted.  Thereforewe find no basis to recommend granting the 
relief sought in this application. 
 
4.  The applicant's case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 
will materially add to our understanding of the issues involved.  
Therefore,  the  request  for  a  hearing  is  not  favorably 
considered. 
 
________________________________________________________________ 
 
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  AFBCMR  Docket 
Number BC-2012-00802 in Executive Session on 11 September 2012, 
under the provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 17 Feb 12.  
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFLOA/JAJM, 18 Jun 12. 
    Exhibit D.  Letter, SAF/MRBR, dated 28 Jun 12. 
 
 
 
 
                                    
                                   Panel Chair 
 

Panel Chair 
Member 
Member 

 
  
  

 
 
 

 

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