RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04070
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to general (under
honorable conditions) or an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his discharge was unjust. The punishment he received
during his special court-martial outweighs the crime. He further
states that other veterans in his situation have received an
upgrade of their character of service.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 20 May 1970.
The applicant was tried and convicted by a special court-martial
for wrongfully transferring marijuana on two separate dates. He
pled guilty and was sentenced to a BCD and a reduction in grade
from technical sergeant to senior airman. The sentence was
adjudged on 20 July 1982.
On 23 March 1983, the applicant was discharged in the grade of
sergeant with a BCD under the provisions of Special Court-Martial
Order Number 1. He served 13 years, 10 months and 4 days on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the applicant does not
allege an error or injustice, rather he believes the discharge
should be upgraded due to the amount of time that has passed
since his misconduct. The record of trial does not show an error
in the processing of the special court-martial. At trial, the
applicant pled guilty to the charge and specifications. The
applicant who was represented by military counsel had the
opportunity to demand the government prove the offenses against
him. Prior to accepting his guilty plea, as evidenced by the
record of trial, the military judge ensured the applicant
understood the meaning and effect of his plea and the maximum
punishment that could be imposed if his guilty plea was accepted
by the court. The military judge explained the elements and
definitions of the offenses to which the applicant pled guilty,
and the applicant explained in his own words why he believed he
was guilty. The court received evidence in aggravation, as well
as in extenuation and mitigation, prior to crafting an
appropriate sentence for the crimes committed. The applicant
made an unsworn statement on his behalf asking for leniency so he
could take care of his family. The court-martial took all of
these factors into consideration when imposing the applicants
sentence.
A BCD is more than merely a service characterization; it is a
punishment for the crimes the applicant committed while a member
of the armed forces. A BCD was and continues to be part of a
proper sentence and properly characterizes his service.
Clemency in this case would be unfair to those individuals who
honorably served their country while in uniform. Upgrading the
applicants discharge is not appropriate.
The complete JAJM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 December 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within 30 days
(Exhibit D). 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 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 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). 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 the evidence presented did not
demonstrate the existence of an 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-2012-04070 in Executive Session on 16 May 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04070 was considered:
Exhibit A. DD Form 149, dated 30 September 2012.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 27 November 2012.
Exhibit D. Letter, AFBCMR, dated 10 December 2012.
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