Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 04846
Original file (BC 2013 04846.txt) Auto-classification: Denied
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 applicant’s 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 Board’s 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 applicant’s 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 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 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.  Applicant’s 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

 

Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 00779

    Original file (BC 2014 00779.txt) Auto-classification: Denied

    The Board should find it in the interest of justice to consider his untimely application because he wanted his record corrected since his discharge and is thankful to have the opportunity. On 17 Jun 82, the Air Force Court for Military Review found the approved findings and sentence were correct in law and fact. The requested relief cannot be done administratively given the application was received more than three (3) years since he was court-martialed and discharged.

  • AF | BCMR | CY2008 | BC-2008-00591

    Original file (BC-2008-00591.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00591 INDEX CODE: 110.00 COUNSEL: Veterans of Foreign Wars HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a honorable discharge. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at...

  • AF | BCMR | CY2014 | BC 2014 01326

    Original file (BC 2014 01326.txt) Auto-classification: Denied

    As of this date, no response has been received by this office. The complete JAJM evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: There has been a cover-up regarding his reporting of death threats. The applicant’s complete review is at Exhibit D. THE BOARD CONCLUDES THAT: 1.

  • AF | BCMR | CY2009 | BC-2009-00160

    Original file (BC-2009-00160.doc) Auto-classification: Denied

    The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit D. _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. Rules for Courts-Martial states that a bad conduct discharge “is designed as punishment for bad-conduct rather than as a punishment for serious offenses of either a civilian...

  • AF | BCMR | CY2011 | BC-2010-02418

    Original file (BC-2010-02418.docx) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 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). Exhibit D. Letter, SAF/MRBR, dated 23 Dec 10.

  • AF | BCMR | CY2013 | BC 2013 05675

    Original file (BC 2013 05675.txt) Auto-classification: Denied

    STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 24 Jul 81. On 29 Jul 82, an evaluation officer reviewed the applicant’s case and recommended he be discharged from the Air Force and furnished a general discharge for a progressive downward trend in his attitude and duty performance. On 24 Dec 85, the Air Force Discharge Review Board (AFDRB) considered the applicant’s request to upgrade his discharge and reenlistment code, and...

  • AF | BCMR | CY2011 | BC-2011-04485

    Original file (BC-2011-04485.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04485 COUNSEL: HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to a General (Under Honorable Conditions) Discharge. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached...

  • AF | BCMR | CY2010 | BC-2010-00715

    Original file (BC-2010-00715.txt) Auto-classification: Denied

    Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is attached at Exhibit D. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial, indicating there is no evidence of an error or injustice in the...

  • AF | BCMR | CY2009 | BC-2009-00415

    Original file (BC-2009-00415.doc) Auto-classification: Denied

    On 18 Feb 83, the Air Force Court of Military Review affirmed the findings and approved the sentence as adjudged, although it reassessed the sentence and found appropriate only so much of the sentence that extended to a BCD, confinement for two months, forfeiture of $125.00 pay per month for four months and reduction to the grade of E-1. The complete AFLOA/JAJM evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...

  • AF | BCMR | CY2014 | BC 2014 02690

    Original file (BC 2014 02690.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice. As of this date, no response has been received by this office (Exhibit E). FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence...