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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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 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). After considering
the applicants 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 applicants 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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