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AF | BCMR | CY2013 | BC 2013 01106
Original file (BC 2013 01106.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01106

		COUNSEL:  NO

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded to Honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

He served seven years of active service that was outstanding and 
his discharge should reflect his outstanding service.  He also 
wants the entitlements for seven years of outstanding service.    

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 30 Oct 90.   

On 4 Feb 98, the applicant pled guilty and was found guilty at a 
General Court-Martial of one specification of wrongful use of 
marijuana, one specification of wrongful use of cocaine, and one 
specification of larceny in violations of Articles 112a and 121, 
respectively, of the Uniform Code of Military Justice (UCMJ).  
He was sentenced to a BCD and confinement for 15 months. 

On 6 Mar 98, the convening authority approved the finding and 
sentence and directed that $200 pay per month of the required 
forfeiture be waived to support the applicant’s dependent 
daughter.  

On 21 Oct 98, the Air Force Court of Criminal Appeals approved 
the finding of guilty and the sentence and the BCD was executed 
on 19 Feb 99.



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 applicant’s request due to 
untimeliness or on its merits indicating the applicant has not 
supplied any evidence of injustice.  Also, the applicant alleges 
no error in the processing of the court-martial conviction nor 
does his record of trial reflect any errors.  The applicant’s 
sentence was well within legal limits and the BCD, is a proper 
sentence, and properly characterizes his service.  He pled 
guilty to the charge and specifications and had the opportunity 
to demand the government prove the offenses against him.  He 
made an unsworn statement on his behalf, taking full 
responsibility for his mistakes and asked for leniency.  
Additionally, the applicant was granted parole and, on 8 Jun 99, 
his parole was revoked due to use of marijuana and unauthorized 
tampering of a motor vehicle.

Additionally, the applicant’s request 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 took place in 1998 and final 
action on the case occurred in 1999.  

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 28 May 13 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 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 Uniform Code of Military 
Justice (UCMJ).  We have considered the applicant's overall 
quality of service, the court-martial conviction which 
precipitated the discharge, and the seriousness of the offense 
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 if the applicant’s 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-2013-01106 in Executive Session on 12 Dec 13, under 
the provisions of AFI 36-2603:

		              , Panel Chair
		              , Member
		              , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Mar 13.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLOA/JAJM, dated 29 Apr 13.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 13.





                                   Panel Chair



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