AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01729
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has fought hard to become a productive member of his
community. The sentence that was imposed by his court-martial
was harsh when compared to civilian counterparts who, should they
commit the same or similar offense, do not lose their jobs or
source of retirement. Prior to the incident that led to his
court-martial, he performed exceptionally while serving his
country.
A copy of the applicant’s complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 23 October 1998, the applicant, then a technical sergeant (E-
6), was tried and convicted by a general court-martial for one
specification of wrongful use of cocaine in violation of Article
112a, Uniform Code of Military Justice (UCMJ). He was sentenced
to a BCD and a reduction to airman first class (E-3). On 5
January 1999, the United States Court of Criminal Appeals
affirmed the court-martial conviction. On 7 October 1999, he
petitioned for a grant of review before the United States Court
of Appeals for the Armed Forces; however, his request was denied,
making the findings and sentence final and conclusive under the
UCMJ. As a result the applicant’s BCD was ordered to be executed
on 18 November 1999.
The applicant was discharged effective 11 January 2000 with a BCD
and a narrative reason for separation of “Court-Martial.” He
served 20 years, 4 months, and 18 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the applicant offers
no allegation of error or injustice. He simply requests his BCD
be upgraded because he is a productive member of his community,
the punishment was severe, and otherwise he served his country
honorably. He alleges no error in the processing of the court-
martial conviction against him. The applicant pled guilty at
trial; the military judge ensured the applicant understood the
meaning and effect of his plea and the maximum punishment that
could be imposed if his guilty plea was accepted by the court.
Upon the court’s finding of the applicant’s guilt, it received
evidence in aggravation, as well as in extenuation and
mitigation, prior to crafting an appropriate sentence for the
crimes committed. The panel took all of these factors into
consideration when imposing the applicant’s sentence. Both the
adjudged and the approved sentences were below the maximum
possible sentence of a dishonorable discharge, confinement for
five years, total forfeitures of all pay and allowances, and
reduction to the grade of airman (E-1).
It is JAJM’s opinion that clemency in this case would be unfair
to those individuals who honorably served their country while in
uniform. It addition, it would be offensive to those who served
honorably to extend the same Veteran benefits to someone who
committed crimes such as the applicant’s while on active duty.
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 19 June 2012, for review and comment within 30 days (Exhibit
D). As of this date, this office has received no response.
_________________________________________________________________
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 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 Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that the
2
applicant has not been the victim of an error or injustice. In
accordance with Title 10, United States Code, Section 1552(f), we
considered upgrading the discharge based on clemency; however, we
do not find the evidence presented is sufficient to compel us to
recommend granting the relief sought on that basis. Therefore,
in the absence of evidence to the contrary, we find no basis upon
which to recommend granting the relief sought.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2012-01729 in Executive Session on 15 February 2013,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-01729 was considered:
Exhibit A. DD Form 149, dated 2 May 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 15 Jun 12.
Exhibit E. Letter, SAF/MRBR, dated 19 Jun 12.
Panel Chair
Member
Member
Panel Chair
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