RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04408
COUNSEL: NONE
XXXXXXXXX HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to honorable.
APPLICANT CONTENDS THAT:
The sentence he received was disproportionate to the offenses he
was convicted of. In the civilian court system, his offenses
would have resulted in a simple misdemeanor and eventually
expunged from his record. He is currently studying law and his
BCD could prevent his ability to sit for the Bar exam. He hopes
the mistake he made as an immature airman will not affect him
for the rest of his life.
The applicant believes the Board should find it in the interest
of justice to consider his untimely application because his BCD
was extremely inappropriate.
In support of his request, the applicant provides a personal
statement, copies of memorandums, and USAF Court of Military
Review Summary of Proceedings.
His complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Air Force from 9 Nov 1978 through
2 December 1982. His service was terminated by a BCD. He
served a total of 3 years, 9 months and 8 days of active
service.
Pursuant to the Board's request, the Air Force Office of Special
Investigation determined a criminal record does exist.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. Based on the military justice
records in this case and consistent with the decision of the Air
Force Court of Military Review, JAJM recommends the Board not
grant relief based on any error or injustice with the court-
martial process. The applicant was tried by special on 15-
16 October 1981. A military judge found the applicant guilty of
stealing a wallet, a ring worth less than $50.00, $40.00 in cash
on one occasion, $20.00 in cash on another occasion, and
$30.00 in cash on another occasion, in violation of Article 121,
Uniform Code of Military Justice (UCMJ). He was found to have
stolen all of this property from fellow service members. The
military judge sentenced the applicant to be discharged with a
BCD, to be confined at hard labor for five months, to forfeit
$300.00 pay per month for five months, and to be reduced from
the grade of senior airman (E-4) to the grade of airman basic
(E-1). Due to insufficient evidence, on 10 Feb 1982, the
convening authority disapproved the courts findings with
respect to the wallet specification and two cash specifications,
leaving the courts guilty findings with respect to the ring and
$30.00 in cash. Despite the changed findings, he approved the
sentence as adjudged. On appeal, the applicant argued that the
sentence was no longer appropriate because his original sentence
was disproportionate for the two offenses of which he was
convicted. However, on 16 June 1982, the Air Force Court of
Military Review rejected the applicants argument and determined
that the findings and sentence were correct in law and fact and
found that there was no error materially prejudicial to the
applicants substantial rights. On 27 September 1982, the Court
of Military Appeals denied the applicants petition for grant of
review. On 18 October 1982, the convening authority ordered the
applicants BCD to be executed.
The complete JAJM evaluation is at Exhibit C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 13 December 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 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, § 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-
04408 in Executive Session on 7 August 2014, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 August 2013, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 5 December 2013.
Exhibit D. Letter, SAF/MRBR, dated 13 December 2013.
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
2
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
3
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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