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, its 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 applicants 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 applicants 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
applicants 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.
4
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