RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04846
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to a general.
________________________________________________________________
APPLICANT CONTENDS THAT:
At this point in his life it is difficult to get and maintain
gainful employment due to the fact he has a BCD.
He is not seeking any benefits from the government.
The Board should consider his application in the interest of
justice. Instead of arresting him as a result of his
misbehavior he should have received a lesser punitive discipline
which was the norm.
A copy of the applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 19 Jul 78, the applicant enlisted in the Regular Air Force.
According to General Court-Martial Order, Number 3, dated 3 Feb
82, the applicant was tried before a general court martial on
3 Nov 81. He was charged with 7 specifications of wrongful
selling, possession and use of marijuana. The applicant pled
guilty to all pleas and was found guilty of all the
specifications and the charge. He was sentenced to a BCD,
confinement with hard labor for 3 years, forfeiture in the
amount of $367.00 per month for 6 months and was reduced to the
grade of Airman Basic (AB, E-1).
On 1 Dec 81, the convening authority adjudged the sentence. Only
so much of the sentence that provided for a BCD, confinement at
hard labor for 18 months, forfeiture of $360.00 per month for
6 months and reduction to the grade of AB was approved.
According to General Court-Martial Order, Number 185, dated
1 Oct 82, the portion of the sentence to confinement at hard
labor in excess of 15 months was remitted.
On 5 Nov 82, he was discharged with a BCD and narrative reason
for separation of conviction by court-martial, others.
Pursuant to the Boards request, the Office of Special
Investigations (OSI) confirmed on 27 Jan 14 a criminal history
investigation does exist.
On 17 Jun 14, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. Unfortunately, JAJM does not have
any record of the applicants court martial so it is difficult
to make a well informed recommendation. Through research, they
determined that he filed a petition for grant of review with the
United States Court of Military Appeals on 10 May 82 and the
Court denied the petition on 23 Jun 82. JAJM notes that the
applicant does not contend there was any error or injustice with
the court-martial process. Rather, he is simply asking the
Board for relief from the negative consequences of a BCD. JAJM
does not believe this is a sufficient reason by itself to grant
the applicant relief.
The complete JAJM evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 14 Mar 14, for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
________________________________________________________________
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 Uniform Code of Military
Justice (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 the lack of documentation pertaining to his
post-service activities, we cannot conclude that clemency is
warranted. In view of the above, we find no basis to 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 Docket Number BC-
2013-04846 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 17 Oct 13.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 6 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 14 Mar 14.
Exhibit E. Letter, AFBCMR, dated 17 Jun 14, w/atch.
PANEL CHAIR
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