RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02617
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was court-martialed for writing bad checks but even Congress
writes bad checks. According to the Constitution, no law can be
passed unless it is equally enforced.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 22 Jan 1980, the applicant entered active duty.
On 9 Mar 1981, he was convicted by General Court-Martial for
writing bad checks (30 specifications), disobeying a lawful
order and writing bad checks with intent to defraud (four
specifications) in violation of Articles 91, 123a and
134, Uniform Code of Military Justice (UCMJ). He was sentenced
to 20 months confinement at hard labor, forfeiture of $300 per
month for 20 months and to be discharged from the service with a
BCD.
On 11 Dec 1981, the convening authority approved only so much of
the sentence as provided for a BCD, confinement at hard labor
for 16 months and forfeiture of $300 per month for 16 months.
On 5 Mar 1982, the applicant was discharged with a BCD and a
narrative reason for separation of Conviction by Court-Martial,
Other than Desertion.
On 23 Jan 2014, the BCMR staff provided the applicant an
opportunity to provide information pertaining to his activities
since leaving the service. As of this date, this office has not
received a response.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial of the applicants request. JAJM
states under Title 10, United States Code (USC) Section 1552(f),
which amended the basic corrections board legislation, the
Boards ability to correct records related to courts-martial, is
limited. Specifically, section 1552(f) (1) 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).
The applicant argues that Congress writes bad checks and under
the Constitution, laws should be applied equally. Article 123a,
UCMJ has not been found unconstitutional and remains legally
valid; therefore, there appears to be no legal merit to the
applicants argument. The applicant alleges no error in the
processing of the court-martial conviction against him. There
are no apparent errors or injustice that would warrant upgrading
the applicants BCD.
The rule for courts-martial states that 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 within
legal limits.
The complete JAJM evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 Sep 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
D). As of this date, this office has not received a response.
________________________________________________________________
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 that
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 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 considered upgrading the
discharge on the basis of clemency; however, after considering
the applicants overall quality of service, the court-martial
conviction which precipitated the discharge and the lack of post
service information, we cannot conclude that clemency is
warranted. In view of the above, we cannot recommend approval
based on the current evidence of record.
________________________________________________________________
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.
________________________________________________________________
The following members of the Board considered Docket Number BC-
2013-02617 in Executive Session on 25 Mar 2014, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 May 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 19 Aug 2013.
Exhibit D. Letter, SAF/MRBR, dated 6 Sep 2013.
Exhibit E. Letter, BCMR, dated 23 Jan 2014, w/atch.
Panel Chair
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