RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02180
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was informed that within 20 years of his discharge from the
Air Force - he could change his characterization of service.
In support of the applicants appeal, he provides a DD Form 293,
Application for the Review of Discharge from the Armed Forces of
the United States.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 May 1981.
The applicant was tried and convicted by a special court-martial
for wrongfully soliciting another airman to commit sodomy and
assaulting another airman with the intent to commit sodomy, both
in violation of Article 134, Uniform Code of Military Justice
(UCMJ); and for burglary, in violation of Article 129, UCMJ. He
was found guilty and was sentenced to a BCD, confinement for six
months, and a forfeiture of $200 pay per month for six months,
and a reduction in grade to airman basic.
On 22 March 1984, the applicant was discharged in the grade of
airman basic with a BCD under the provisions of Special Court-
Martial Order No. 14. He served 11 months and 22 days on active
duty. His dates of time lost during this period were 7 May
1982 through 7 October 1982.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the applicant alleges
no injustice and error in the processing of the court-martial
conviction against him. At his court-martial - the applicant
was found guilty of the charges. The applicant was represented
by military counsel and was afforded every right he was entitled
to.
A BCD is designed as punishment for bad conduct. It also
indicates that a BCD is more than merely a service
characterization; it is a punishment for the crimes the
applicant committed while a member of the armed forces. The
applicants sentence to a BCD was well within legal limits.
This discharge characterization was and continues to be part of
a proper sentence and properly characterizes his service.
The complete JAJM evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 October 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit D). As of this date, no response has been
received by this office.
________________________________________________________________
_
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 took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Chief, Military Justice Division and adopt
their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2013-02180 in Executive Session on 16 January 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 April 2013, w/atchs.
Exhibit B. Applicants Available Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 16 September 2013.
Exhibit D. Letter, SAF/MRBR, dated 15 October 2013.
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