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AF | BCMR | CY2013 | BC 2013 05855
Original file (BC 2013 05855.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05855

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded to a General 
Discharge. 


APPLICANT CONTENDS THAT:

He completed retraining at Lowry AFB without an infraction and 
was only discharged for the loss of a raincoat, which he offered 
to pay for.  He was told his discharge would be upgraded after 
four years. 

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 3 March 
1971.

On 18 September 1972, the applicant received an Article 15 for 
failing to go at the time prescribed to his appointed place of 
duty.  His punishment consisted of forfeiture of $100.00 of pay 
per month for two months and a reduction to the grade of airman, 
suspended until 5 March 1973, at which time, unless the 
suspension was sooner vacated, it would be remitted without 
further action.

On 6 October 1972, the applicant received an Article 15 for 
failing to go at the time prescribed to his appointed place of 
duty.  His punishment consisted of forfeiture of $50.00 of pay 
and reduction to the grade of airman basic, suspended until 
15 March 1973, at which time, unless the suspension was sooner 
vacated, it would be remitted without further action.

On 6 October 1972, the applicant’s commander vacated the 
suspension of punishment, as pertained to reduction to the grade 
of airman.  The applicant was demoted to the grade of airman on 
6 October 1972. 

On 15 February 1973, the applicant’s commander vacated the 
suspension of punishment as pertained to the reduction to the 
grade of airman basic due to the applicant wrongfully possessing 
marijuana.  The applicant was demoted to the grade of airman 
basic on 20 February 1973. 

On 20 February 1973, the applicant received an Article 15 for 
wrongfully having in his possession some marijuana.  His 
punishment consisted forfeiture of $50.00 of pay per month for 
two months.  

On 8 March 1973, the applicant received an Article 15 for 
failing to go at the time prescribed to his appointed place of 
duty.  His punishment consisted of forfeiture of $50.00 of pay 
per month for two months.

On 27 September 1973, the applicant was tried by special court-
martial based on the charge of absenting himself from his 
organization from on or about 5 April 1973 to on or about 
10 September 1973, in violation of Article 86, Uniform Code of 
Military Justice.  He pled guilty and was found guilty.  He was 
sentenced in accordance with his plea by a military judge to a 
BCD, confinement with hard labor for five months, and forfeiture 
of $100.00 per month for five months. 

On 28 February 1974, the applicant was furnished with a BCD, and 
was credited with 2 years, 3 months, and   3 days of active 
service, excluding lost time from 5 April 1973 to 9 September 
1973 and from 1 October 1973 to 1 February 1974.

On 28 April 2014, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by this 
office (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 at Exhibit D.


AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial, indicating no error or injustice 
with the court-martial proceedings occurred. On 28 February 
1974, the appellate review was completed and the special court-
martial convening authority ordered the applicant’s BCD be 
executed.

In accordance with Title 10 United States Code, Section 
1552(f)(2) (10 U.S.C. § 1552(f) (2))_, the Board may take 
"action on the sentence of a court-martial for purposes of 
clemency."  In this case, there is no record of a promise being 
made that the applicant’s discharge would be upgraded after four 
years.  There is no evidence of error or injustice with the 
court-martial process which would warrant changing the 
applicant's court-martial sentence.

The complete JAJM evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 15 September 2014 for review and comment within 
30 days.  As of this date, no response has been received by this 
office (Exhibit E).


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 an 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, Section 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 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).  After considering 
the applicant’s overall quality of service, the court-martial 
conviction which precipitated the discharge, and the seriousness 
of the offenses to which convicted, we cannot conclude that it 
is in the interest of justice to recommend a clemency upgrade of 
the applicant’s character of service.  Therefore, we find no 
basis upon which to favorably consider this application. 


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-2013-05855 in Executive Session on under the 
provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Dec 13.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 28 Apr 14.
Exhibit D.  Memorandum, AFLOA/JAJM, dated 16 Jun 14.
Exhibit E.  Letter, SAF/MRBR, dated 15 Sep 14.

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