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AF | BCMR | CY2013 | BC 2013 04589
Original file (BC 2013 04589.txt) Auto-classification: Denied
                        RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                  DOCKET NUMBER: BC-2013-04589

	 	                   COUNSEL:  NONE

  		      		   HEARING DESIRED: NOT INDICATED
 

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to general (under 
honorable conditions) discharge or honorable.


APPLICANT CONTENDS THAT:

Based on his earlier faithful service to the Air Force for 
16 years, he feels he served his country with more outstanding 
service than the way he represented the uniform the last two 
years of his service.  During the last two years he had an 
illness.

His faithful service can be proven with all of his achievements 
starting with his three Commendation Medals, two Air Force 
Achievement Medals and four Air Force Good Conduct Medals.  He 
put his country before his family’s needs when called to do so, 
for instance he departed for OPERATION DESERT STORM while his 
wife was pregnant with his second child.

He recounts his assignments to Vandenberg Air Force Base, 
California and how he was awarded Airman of the Quarter on 
several occasions.  He also established the squadrons first ever 
honor guard.

While stationed in San Antonio, Texas he was awarded the Air 
Force Achievement Medal and hand-selected to attend the Order of 
the Sword.  He also received the Outstanding Unit Award, the 
Organizational Excellence Award and the Air Force Commendation 
Medal (first Oak Leaf Cluster).  

His tour in Turkey was difficult from the beginning.  He had to 
return to Texas on emergency leave after his wife was told their 
son may not survive from respitory problems following his birth.  
He wanted to remain in Texas and take care of them; however, he 
had to return to Turkey to finish his assignment.

In November 1996, he began a downward spiral and had an 
inexplicable illness that ended his 16 years of outstanding 
service.  Had he not been ill and received proper treatment, he 
would have continued to serve his country well.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.

STATEMENT OF FACTS:

The applicant enlisted in the regular Air Force on 12 October 
1989.  On 9 June 1998 he was convicted, pursuant to his guilty 
plea, of stealing 9 Sony PlayStation games, in violation of 
Article 121, Uniform Code of Military Justice (UCMJ), and of 
being absent without authority from 1 April 1998 until 17 April 
1998, in violation of Article 86, UCMJ.  He was sentenced to a 
bad conduct discharge, confinement for five months and reduction 
to airman basic.  However, only so much of the sentence that 
provided for a bad conduct discharge, confinement for four 
months and reduction to airman basic was approved.  The 
applicant was discharged on 7 September 1999, with a bad conduct 
discharge.

Pursuant to the Board’s request, the Federal Bureau of 
Investigation indicated that on the basis of the information 
provided, they were able to locate an arrest record.

In response to a request for post-service information, the 
applicant submitted a copy of his FBI report.  Additionally, he 
recounts his service and the personal difficulties that caused 
him to go down the wrong path with substance abuse.  He humbly 
requests the Board consider upgrading his discharge.

The applicant’s complete response, with attachments, is at 
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, 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 applicant’s 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 applicant's overall 
quality of service, the court-martial conviction which 
precipitated the discharge, the seriousness of the offenses to 
which convicted and the matters submitted by the applicant.  
Based on the evidence of record, we cannot conclude that 
clemency is warranted.  In view of the above, we cannot 
recommend approval based on the evidence of record.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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 Docket 
Number BC-2013-04589 in Executive Session on 15 July 2014 and 
10 November 2014, under the provisions of AFI 36-2603:


The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 Sep 13, w/atchs. 
   Exhibit B.  Applicant's Master Personnel Record Excerpts.
   Exhibit C.  Letter, SAF/MRBC, dated 10 Jun 14.
   Exhibit D.  Letter, Applicant’s Response, dated 8 Jul 14, 
               w/atchs.


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