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
3
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