RECORD OF PROCEEDINGS
	AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:						DOCKET NUMBER:  BC-2012-05934
    								COUNSEL: NONE
	 							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded [sic].   

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APPLICANT CONTENDS THAT:

Since he has come to believe that he is an alcoholic-addict, he has changed into a productive person.

There was no injustice and he requests mercy from the Board.  

In support of his request, the applicant provides a personal statement.

The applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 18 January 1974, the applicant enlisted in the Regular Air Force.  

On 14 October 1977, he was tried and convicted by a general court-martial of conspiring to sell marijuana on multiple occasions in violation of Article 134, Uniform Code of Military Justice (UCMJ) and wrongfully conspiring to sell methamphetamine in violation of Article 81, UCMJ.  The applicant was sentenced to a dishonorable discharge, confinement for six months, forfeiture of all pay and allowances and a reduction to the grade of airman basic (E-1).  

On 4 October 1978, the United States Court of Military Appeals affirmed the applicant’s court martial conviction and sentence.

On 18 January 1974, he was discharged with an UOTHC after serving 4 years, 9 months and 7 days.  
 
 

On 20 September 2013, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit B).  As of this date, no response has been received by this office.  

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial of the applicant’s request as untimely or on the merits.  

JAJM states under Title 10 United States Code (USC) Section 1552(f), which amended the basic corrections board legislation, the Board’s ability to correct records related to courts- martial, are limited.  Specifically, Section 1552(f) (2) permits the correction of a record to reflect actions taken by a reviewing authority under the UCMJ.  Additionally, Section 1552(f) (2) permits the correction of records related to action on the sentence of courts martial for the purpose of clemency.  Apart from these two limited exceptions, the effect of Section 1552(f) is that the Board is without authority to reverse, set aside, or otherwise expunge a court-martial conviction that occurred on or after 5 May 1950 (the effective date of the UCMJ).

JAJM notes the applicant acknowledges there was no injustice in his case and that he committed the offenses of which he was convicted, and that he generally was not a good Airman.  Instead, he makes a general plea for mercy based on the belief that some kind of an upgrade in his discharge characterization will help him find employment.  While the applicant’s story is sympathetic, it does not rise to the level of demanding the extraordinary relief that would be entailed by Board action.  His misconduct, in particular, conspiring to distribute illegal drugs to other airmen represented a serious breach of good order and discipline.  Such a breach was properly addressed by the court’s sentence.  Furthermore, the applicant received some relief in the form of a portion of his sentence being remitted by the convening authority.   

It is JAJM’s 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 benefits to someone who committed crimes such as the applicant’s while on active duty.  

The complete JAJM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 February 2013, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.  

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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 applicant’s 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 UCMJ.  We considered upgrading the discharge on the basis of clemency; however, after considering the applicant's overall quality of service, the court-martial conviction which precipitated the discharge, the seriousness of the offenses of which convicted, and the documentation pertaining to his post-service activities, we cannot conclude that clemency is warranted.  In view of the above, we cannot recommend approval based on the current evidence of record.

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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.

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The following members of the Board considered Docket Number BC-2012-05934 in Executive Session on 29 October 2013, under the provisions of AFI 36-2603:

			 , Panel Chair
      			 , Member
			 , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Letter, AFBCMR, dated 20 Sep 13, w/atch.
    Exhibit C.  Letter, AFLOA/JAJM, dated 20 Feb 13.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Feb 13. 




 
                                   Panel Chair