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AF | BCMR | CY2013 | BC 2013 04721
Original file (BC 2013 04721.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04721
		COUNSEL:  NONE
		HEARING DESIRED:  YES

________________________________________________________________

THE APPLICANT REQUESTS THAT:

Her Bad Conduct Discharge (BCD) be upgraded.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

Her BCD was based on inaccurate and unjustifiable information 
used in her court-martial.

She was caught up in the middle of a situation that involved her 
supervisor who was a staff sergeant at the time.

She tested only once, yet was accused of using cocaine three 
times because she was in the vicinity of others who were 
considered cocaine users. 

She never distributed nor knowingly possessed cocaine; she did 
not knowingly use cocaine; she did not drink alcohol that night; 
however, it’s possible that it was put in her drink.

The three-year time limitation should be waived based on the 
fact that she has had to suffer the effects of the BCD for over 
25 years.

In support of her appeal, the applicant provides a personal 
statement; letters of commendation; an Enlisted Performance 
Report (EPR), closing 9 Jul 86 and the Post Trial Clemency 
Evaluation.

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

________________________________________________________________

STATEMENT OF FACTS:

On 18 Jan 83, the applicant enlisted in the Regular Air Force.  

On 11 Feb 91, the applicant was tried and convicted at a special 
court-martial.  She pled guilty to and was found guilty of using 
and possessing cocaine, in violation of Article 112a, Uniform 
Code of Military Justice (UCMJ).  A panel sentenced the 
applicant to be discharged from the service with a BCD and to be 
reduced from the grade of E-4 to E-1.  On 23 Dec 86, the United 
States Air Force Court of Military Review determined that the 
findings and sentence were correct in law and fact and that no 
error prejudicial to the substantial rights of the applicant was 
committed.  On 6 Oct 86, the special court-martial convening 
authority approved the adjudged sentence.  On 8 Jun 87, the 
convening authority ordered the BCD executed.  

On 16 Jun 87, the applicant was discharged, with a narrative 
reason for separation of conviction by court-martial (other than 
desertion), and a bad conduct character of service.  She was 
credited with 4 years, 4 months and 29 days of active duty 
service.  

________________________________________________________________

THE AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial, stating, in part, that there is no 
basis to grant relief based on any error or injustice with the 
court-martial process.  

The applicant contends that her court-martial was "based on 
inaccurate and unjustifiable information."  She states that she 
never knowingly possessed or used cocaine.  This is inconsistent 
with her pleas at trial and is unsupported.

The complete JAJM evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 Jan 14 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 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, §1552(f), actions 
by this Board 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 that indicates the applicant’s service 
characterization, which had its basis in her conviction by 
special 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 
have considered the applicant's overall quality of service, the 
special court-martial conviction which precipitated the 
discharge, and the seriousness of the offense to which 
convicted, and having found no error or injustice with regard to 
the actions that occurred while the applicant was a military 
member, we conclude that no basis exists to grant favorable 
action on her request.  In addition, based on the evidence of 
record, we are not persuaded the characterization of the 
applicant’s discharge warrants an upgrade on the basis of 
clemency.  Therefore, based on the available evidence of record, 
we find no basis upon which to favorably consider this 
application.

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 issue involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2013-04721 in Executive Session on 29 Jul 14, under 
the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Aug 13, w/atchs. 
    Exhibit B.  Pertinent Excerpts of the Personnel Records.
    Exhibit C.  Letter, AFLOA/JAJM, dated 6 Jan 14.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 14.












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