RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05858
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her Bad Conduct Discharge (BCD) be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her discharge was equitable [sic] because it was based on one
isolated incident in 9 years of service with no other adverse
action.
The applicant provides no rationale as to why her failure to
timely file should be waived in the interest of justice.
In support of her request, she submits copies of her DD Form
214, Certificate of Release or Discharge from Active Duty, and
DD Forms 256 AF, Honorable Discharge Certificate.
A copy of the applicants complete submission, with attachments,
is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 23 Mar 88, the applicant entered active duty.
On 27 Feb 96, she was found guilty by general court-martial of
wrongful use of cocaine on two separate occasions. She was
sentenced to a BCD, 8 months confinement, forfeiture of $500 pay
per month for 8 months and reduction to the grade of Airman
Basic (AB, E-1).
According to General Court-Martial Order, Number 5, dated 22 Apr
96, the court-martial convening authority approved the sentence
as adjudged.
According to General Court-Martial Order, Number 11, dated
14 Feb 97, the court-martial appeal authority affirmed the
findings and sentence.
On 5 Mar 97, the applicant was discharged with a BCD. She
served 8 years, 11 months and 13 days on active duty.
On 25 Apr 14, SAF/MRBR provided the applicant with an
opportunity to submit information pertaining to her activities
since leaving the service. As of this date this office has not
received a response.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends the applicants request be denied. The
application was received more than three years since the alleged
error or injustice was discovered; therefore, the request is not
timely. Based on the applicants submission, JAJM does not find
any good reason for the Board to waive the time requirement and
consider the application. Additionally, the relief the
applicant seeks cannot be accomplished administratively;
however, the Board has the authority to reduce the applicants
court-martial sentence for purposes of clemency per 10 U.S.C. §
1552(f)(2). Based on JAJMs review of the record, they see no
error or injustice with the court-martial process that would
warrant granting the applicant relief. The adjudged sentence
was within the discretion of the court, it was approved by the
convening authority and affirmed by the Air Force Court of
Criminal Appeals.
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 25 Apr 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 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 10 U.S.C § 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 which
indicates the applicants service characterization, which had
its basis in her 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 have considered the applicants overall
quality of service, the court-martial conviction which
precipitated the discharge, and the seriousness of the offenses
to which convicted. However, in the absence of any evidence
related to the applicants post-service activities that would
enable us to determine if her accomplishments since her
discharge are sufficient to overcome the misconduct for which
she was discharged, we find no basis upon which to favorably
consider this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
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-
2013-05858 in Executive Session 9 Oct 14, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2013-05858 was considered:
Exhibit A. DD Form 149, dated 17 Dec 13, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 28 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Apr 14, w/atch.
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