RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04694
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge characterization was an error because he had a
spotless military career other than his court-martial.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 26 Feb 82.
On 10 Oct 85, the applicant pled not guilty but was found guilty
of writing several bad checks without sufficient funds, in
violation of Article 123a, Uniform Code of Military Justice
(UCMJ). He was sentenced at a General Court-Martial to a BCD,
confinement for 12 months and reduction to the grade of Airman
Basic (E-1, AB).
On 13 Aug 86, the convening authority approved the sentence, but
suspended the portion pertaining to reduction below the grade of
Airman First Class and on 28 Nov 86, the BCD was executed.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary 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. The applicant alleges no
error in the processing of the court-martial conviction nor does
his record of trial reflect any errors. The applicants
sentence was well within legal limits and the BCD is a proper
sentence and properly characterizes his service. The Air Force
Court of Military Review approved and affirmed the findings and
sentence. The Air Force Clemency and Parole Board denied the
applicants request for clemency or restoration. The U.S. Court
of Military Appeals denied the applicants request for review,
making the case final and conclusive under the UCMJ.
Additionally, the applicants application is untimely. An
application must be filed within three years after an error or
injustice is discovered or, with due diligence, should have been
discovered. The court-martial occurred in 1985 with final
action in 1986.
A complete copy of the AFLOA/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 10 Dec 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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
that 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 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 applicants overall quality of service, the
court-martial conviction which precipitated the discharge, the
seriousness of the offenses to which convicted. Based on the
evidence of record, we cannot conclude that clemency is
warranted in this case. We note the applicant has not provided
any documentation related to his activities since leaving the
service. Such documentation is essential to our ability to
determine of the applicants post-service activities in his
community are sufficient to overcome the misconduct for which he
was court-martialed. Should the applicant provide such
documentation describing these activities, we would be inclined
to reconsider his application based on new evidence. Therefore,
we find no basis upon which to favorably consider 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-2012-04694 in Executive Session on 4 Jun 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Oct 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 26 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12.
Panel Chair
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