RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05521
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be removed.
________________________________________________________________
APPLICANT CONTENDS THAT:
For over forty years, he has been living with this BCD and he
would like to have it corrected. He did not have proper
counseling before receiving his BCD and it has affected his life
to date.
The applicant did not submit any additional documents in support
of his request.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the automated records
management system (ARMS), the applicant is a former member of
the Regular Air Force who entered active duty on 5 October 1970.
He served as a Food Services Specialist and was progressively
promoted to the grade of Sergeant (Sgt), E-4. The applicants
grade at the time of discharge was Airman Basic (AB), E-1, with
a date of rank of 10 July 1981.
On 10 July 1981, the applicant was tried by special court-
martial for:
a. one specification of wrongful transfer of marijuana on
or about 12 September 1980, in violation of Article 134, Uniform
Code of Military Justice (UCMJ), Wrongful Use, Possession, etc.,
of Controlled Substances.
b. two specifications of wrongfully selling marijuana.
c. two specifications of wrongfully possessing marijuana.
d. two specifications of wrongfully using marijuana.
e. one specification of wrongfully making a false
statement .
The applicant pled guilty to the specifications with the
exception of wrongfully making a false statement, and was
found guilty of the charges and specifications except for one
charge of possession of marijuana, which was dismissed. The
sentence adjudged by the military court on 10 July 1982, was a
bad conduct discharge, confinement at hard labor for three
months, reduction to the grade of airman basic, and forfeiture
of $250.00 per month for three months.
The applicant was released from active duty on
16 September 1982, with a bad conduct characterization of
service and was credited with 11 years, 8 months and 28 day of
active duty service.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states that based on their
review of the record, the applicant was afforded all due
process.
The complete AFLOA/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 28 February 2014, for review and comment within 30
days (Exhibit D). To date, a response has not been received.
________________________________________________________________
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 took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Military Justice Division and adopt its rationale as the
basis for our conclusion that the applicant has not been the
victim of an error or injustice. The applicant's discharge was
based on his trial and conviction by a special court-martial.
Evidence has not been provided to show that the applicant's
discharge was erroneous or unjust. While we are precluded by
law from reversing a court-martial conviction, we are authorized
to correct the records to reflect actions taken by reviewing
officials and to take action on the sentence of a military court
based on clemency. In view of the seriousness of the misconduct
he committed (i.e., the possession, transfer and use of illegal
substances, and making a false statement), there is nothing in
the available record which would cause us to disturb the actions
of the reviewing officials in this case. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in 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(s)
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 this application
in Executive Session on 1 May 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-05521 was considered:
Exhibit A. DD Form 149, dated 28 August 2013.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Letter, AFLOA/JAJM, dated 17 January 2014.
Exhibit D. Letter, SAF/MRBR, dated 28 February 2014.
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