RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03447
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His court-martial conviction was based on an informant who
provided false information. He wants his discharge upgraded so
he can receive health care from the Department of Veteran
Affairs (DVA), as he is sick.
A copy of the applicants complete submission, with attachment,
is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 1 April 1983, the applicant, then an airman (E-2), was tried
at a special court-martial as a result of being charged with
three specifications of wrongful distribution of marijuana, two
specifications of wrongful possession of marijuana with intent
to distribute, one specification of knowing and wrongful use of
marijuana, and one specification of knowing and wrongful use of
cocaine; all in violation of Article 112a, Uniform Code of
Military Justice (UCMJ). The applicant pled not guilty to the
charge and specifications, but was found guilty of two
specifications of wrongful distribution of marijuana and two
specifications of possession with the intent to distribute
marijuana. He was found not guilty of the other three
specifications, but was found guilty of the charge. As a
result, he was sentenced to a BCD, confinement for three months,
forfeiture of $200 pay per month for three months, and reduction
to the grade of airman basic (E-1). On 23 September 1983, the
convening authority approved the findings and sentence. The
record was forwarded for review by the Court of Military Review;
however, there is no evidence of a decision of a Court of
Military Review. On 29 June 1984, the convening authority took
final action and affirmed the findings and sentence making the
case final and conclusive under the UCMJ. The applicants BCD
was ordered to be executed and, on 27 July 1984, he was
discharged after serving 4 years, 6 months, and 17 days on
active duty. He had lost time from 1 April 1983 through 15 June
1983.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the applicant has
alleged his conviction was based on lies from an informant;
however, he does not provide any additional evidence or
information. Based on the documents provided by the applicant
and the limited information in the Air Force Automated Military
Justice Analysis and Management System (AMJAMS), there is no
apparent error or injustice in how the court-martial was
conducted. His sentence to a BCD, confinement for three months,
forfeiture of $200 pay per month for three months, and a
reduction in grade to airman basic, was well within the legal
limits.
It is JAJMs opinion that clemency in this case would be unfair
to those individuals who honorably served their country while in
uniform. It addition, it would be offensive to those who served
honorably to extend the same DVA benefits to someone who
committed crimes such as the applicants while on active duty.
The complete JAJM evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He served above and beyond in his Air Force job. He did not
deserve the action that was taken. He hopes there is someone
who can help to upgrade his discharge for heath purposes.
The applicants complete rebuttal is at 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 an 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),
our actions 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 that the applicants 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 the applicant's overall quality of service, the
court-martial conviction which precipitated the discharge, the
seriousness of the offense to which convicted, and the absence
of any documentation pertaining to post-service activities.
Based on the evidence of record, we cannot conclude that
clemency is warranted. In view of the above, we cannot
recommend approval based on the current evidence of record.
________________________________________________________________
_
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-2012-03447 in Executive Session on 8 May 2013, under
the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03447 was considered:
Exhibit A. DD Form 149, dated 28 Jul 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 16 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12.
Exhibit E. Letter, Applicant, not dated.
Vice Chair
2
3
AF | BCMR | CY2009 | BC-2009-00160
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit D. _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. Rules for Courts-Martial states that a bad conduct discharge “is designed as punishment for bad-conduct rather than as a punishment for serious offenses of either a civilian...
AF | BCMR | CY2011 | BC-2011-01174
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01174 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to an general (under honorable conditions) discharge. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force...
AF | BCMR | CY2013 | BC-2012-01524
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS DOCKET NUMBER: BC-2012-01524 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _____________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a Under Other Than Honorable Condition (UOTHC) discharge. At the special court- martial and before a panel of officer members, consistent with his pleas, the applicant was found guilty of all three...
AF | BCMR | CY2013 | BC-2013-00924
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00924 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded. We find no evidence which indicates the applicants service characterization, which had its basis in his court-martial and was a part of the sentence of the military court, was improper or that it exceeded...
AF | BCMR | CY2012 | BC-2012-02290
On 10 January 1990, the United States Air Force Court of Military Review affirmed the applicant’s court-martial conviction. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ...
AF | BCMR | CY2011 | BC-2011-03860
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03860 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded. The applicant was discharged effective 5 February 1991 with a BCD and a narrative reason for separation of Conviction by Court- Martial (Other than Desertion). He served 3 years, 6 months, and 22 days on...
AF | BCMR | CY2013 | BC 2012 05572
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denying the applicants request due to untimeliness or on its merits indicating the applicant has not supplied any evidence of injustice. There is nothing in the record that supports the applicants...
AF | BCMR | CY2011 | BC-2011-01858
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01858 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a general discharge. The applicants sentence to a BCD and confinement for 24 months was well within the legal limit and was appropriate punishment for the offenses committed. We have considered the...
AF | BCMR | CY2012 | BC-2012-01688
As punishment, the applicant received a BCD and a reduction to the grade of Airman First Class. 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 C. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial indicating there is no evidence or an error or injustice. Based on the evidence of record, we cannot conclude...
AF | BCMR | CY2008 | BC-2008-01336
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01336 INDEX CODE: 106.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a general (under honorable conditions) discharge. However, after thorough review of the evidence of record, it is our opinion that the comments of the office of the Judge Advocate are...