RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03217
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to general (under
honorable conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
His divorce and mental breakdown caused him to fail.
In support of his request, the applicant provides copies of his
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States; DD Form 214, Certificate of
Release or Discharge from Active Duty and Standard Forms 600,
Chronological Record of Medical Care.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 13 Jun 2001, the applicant entered the Regular Air Force.
According to General Court-Martial Order No. 5, the applicant
pled and was found guilty of desertion in violation of Article
85, Uniform Code of Military Justice (UCMJ) and wrongful use and
possession of marijuana in violation of Article 112a, UCMJ. On
10 Feb 2005, a military judge sentenced him to be reduced to the
grade of Airman (Amn, E-1), 6 months confinement and a BCD.
On 28 Jun 2007, he was separated with a BCD. He served 5 years,
2 months and 13 days of active service.
Pursuant to the Board's request, the Air Force Office of Special
Investigation determined a criminal record does exist.
On 7 Apr 2014, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C), as of this date, no response has been received by
this office.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states that there was no
error or injustice with the court-martial process. On 10 Feb
2005, a military judge sitting as a general court-martial found
the applicant guilty of desertion in violation of Article 85,
UCMJ and wrongful use and possession of marijuana in violation
of Article 112a, UCMJ. The military judge sentenced the
applicant to be discharged from the Air Force with a BCD,
confined for six months, and to be reduced to the grade of Amn.
On 10 Feb 2005, the United States Air Force Court of Criminal
Appeals concluded that the approved findings and sentence are
correct in law and fact and that there is no error prejudicial
to the substantial rights of the applicant.
The complete JAJM evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 14 Nov 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by
this office (Exhibit E).
________________________________________________________________
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 UCMJ. We considered upgrading
the discharge on the basis of clemency; however, after
considering the applicant's overall quality of service, the
court-martial conviction which precipitated the discharge, the
seriousness of the offenses of which convicted, and noting the
lack of documentation pertaining to his post-service activities,
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 AFBCMR BC-2013-
03217 in Executive Session on 6 May 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jun 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, digitally signed
17 Mar 2014, w/atch.
Exhibit D. Letter, AFLOA/JAJM, dated 1 Nov 2013.
Exhibit E. Letter, SAF/MRBR, dated 14 Nov 2013.
Panel Chair
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