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 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 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 applicants 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 applicants 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 applicants
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 applicants 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 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, 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 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-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
2
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