RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01898
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to Honorable or General (under honorable conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
He served at least 180 days of honorable military service prior to his present status. He has been diagnosed with bipolar disorder and a discharge upgrade will allow him access to much needed mental health treatment and justice will have been served.
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 13 Apr 88.
On 26 Oct 89, the applicant pled guilty and was found guilty at a General Courts-Martial of two specifications of forgery, one specification of larceny, one specification of wrongful use of cocaine, and one specification of wrongful use marijuana, all in violation of Articles 123, 121, and 112a, respectively, of the Uniform Code of Military Justice (UCMJ). He was sentenced to a BCD, forfeiture of $466.00 pay per month for 15 months, and confinement for 15 months.
On 24 Nov 89, the convening authority approved the findings and only so much of the sentence as provided for the BCD, 15 months confinement and forfeiture of $350.00 pay per month for 15 months.
On 8 Jan 90, the Air Force Court of Criminal Appeals approved the findings of guilty and the sentence and the BCD was executed on 11 Jun 90.
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. In this case, the applicant requests an upgrade because of his prior service and current rehabilitation needs. He alleges no error in the processing of the courts-martial conviction nor does his record of trial reflect any errors. He pled guilty to the charges and specifications and was found guilty in accordance with his plea. The court took into consideration the applicants unsworn statement, as well as, all aggravating, extenuating and mitigating evidence prior to imposing the applicants sentence. A bad conduct discharge is designed as punishment for bad-conduct. It is more than merely a service characterization; it is a punishment for the crimes the applicant committed while a member of the armed forces and his sentence was will within legal limits.
Additionally, clemency in this case would be unfair to those who honorable served their country while in uniform. When Congress set up the Veterans Benefits Program, its intent was to express thanks for veterans personal sacrifices, separations from family, facing hostile enemy action, and suffering financial hardships. All rights of a veteran under the laws administered by the Secretary of Veterans Affairs are barred when the veteran was discharged or dismissed by reason of the sentence of general courts-martial.
A complete copy of the AFLOA/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 19 Sep 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D.
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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 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, 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. Therefore, we find no basis upon which to favorably consider this application.
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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-2013-01898 in Executive Session on 13 Feb 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Apr 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFLOA/JAJM, dated 25 Jul 13.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 13.
Panel Chair
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