RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02696
		COUNSEL: NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Bad Conduct Discharge (BCD) be upgraded to general 
(under honorable conditions). 

2.  His Reenlistment (RE) code of 2L which denotes “Civil Court 
charges pending for an offense for which the Manual for Courts-
Martial authorizes confinement for the same or most closely 
related offense or court-martial charges have been preferred, or 
court-martial action is under appellate review” be changed to 
allow him to reenlist in the Air Force. 

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is working his way towards an honorable discharge.  He made a 
mistake while on active duty; however, his service was nothing 
but honorable.  He has been unable to secure employment due to 
the characterization of his discharge.  He needs his discharge 
upgrade so he can move on with his life.  

His reenlistment of 19 Oct 09, does not appear to be reflected 
on his DD Form 214, Certificate of Release or Discharge from 
Active Duty.

In support of his appeal, the applicant provides copies of his 
DD Form 214 and DD Form 4/1, Enlistment/Reenlistment Document 
Armed Forces of the United States. 

The applicant's complete submission, with attachments, is at 
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 9 Dec 03, the applicant enlisted in the Regular Air Force. 

On or about 14 Jan 06, the applicant unlawfully pushed, grabbed, 
struck, and dragged an airman by pushing her away from him, 
grabbing her right arm to throw her out of the room leaving a 
mark on her right arm, striking her upper left arm, and dragging 
her out of the room leaving rug burns on her left elbow in 
violation of Article 128, Uniform Code of Military Justice 
(UCMJ).  For this misconduct, he received an Article 15, UCMJ, 
suspended reduction in grade from airman first class to airman, 
suspended forfeiture of $500.00 pay, restriction to the limits 
of Scott Air Force Base for 30 days, 14 days extra duty and a 
reprimand.  

On 1 Nov 10, the applicant was tried by General Court-Martial 
for possessing and receiving images and videos of child 
pornography in violation of Article 134, UCMJ.  He was sentenced 
to a BCD discharge, reduction in grade from senior airman to 
airman basic, confinement for 10 months and forfeiture of 
$1,000.00 pay per month for 10 months.  

On 5 Jan 11, the convening authority approved only so much of 
the sentence that provided for confinement for 10 months, 
reduction in grade to airman basic and a BCD discharge.  
Pursuant to Article 57, UCMJ all of the adjudged forfeitures 
were deferred from 15 Nov 10 until 5 Jan 11.  Pursuant to 
Article 58, UCMJ all of the mandatory automatic forfeitures were 
waived for a period of six months or release from confinement, 
whichever was sooner, with the waiver commencing on 15 Nov 10.  
The total pay and allowances were directed to be paid to the 
applicant’s spouse for the benefit of his dependents. 

On 27 Jun 12, the convening authority ordered the applicant’s 
BCD to be executed.  On 5 Oct 12, the applicant was discharged 
in the grade of airman basic.  He served 8 years, 1 month and 
26 days of total active service. 

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial of the applicant’s request to 
change his characterization of service.  The documentation on 
file in the applicant’s master personnel record supports the 
basis for discharge.  The discharge was consistent with the 
procedural and substantive requirements of the discharge 
instruction and was within the discretion of the discharge 
authority.

The applicant did not provide any evidence of an error or 
injustice that occurred in the discharge processing.  

The complete DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends denial of the applicant’s request to 
change his RE code.  The applicant received an erroneous RE code 
of 2L.  His RE code should have been updated to 2B--“Separated 
with a general or Under-Other-Than-Honorable- Conditions (UOTHC) 
discharge” at the time of separation, based on his BCD.  

RE code 2B is required per AFI 36-2606, Reenlistments in the 
United States Air Force, based on his involuntary discharge with 
BCD character of service.  

The applicant does not provide any proof of an error or 
injustice in reference to his RE code 2B, but wants a RE code 
that will allow him to reenter the military.  

AFPC/DPSOY will provide the applicant with a corrected copy of 
his DD Form 214 with a RE code of 2B, unless otherwise directed 
by the Board.

The complete DPSOA evaluation, with attachment, is at Exhibit D.

AFLOA/JAJM recommends denial of the applicant’s request to 
upgrade his BCD.  On 29 Mar 12, the United States Air Force 
Court of Criminal Appeals concluded that the approved findings 
and sentence were correct in law and that there is no error 
prejudicial to the substantial rights of the applicant.

The complete JAJM evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 6 Dec 13, for review and comment within 30 days 
(Exhibit F).  As of this date, this office has not received a 
response. 

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of 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), 
our actions 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 applicant’s service 
characterization, which had its basis in his court-martial 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 considered upgrading the 
discharge on the basis of clemency; however, after considering 
the applicant’s overall quality of service, the court-martial 
conviction which precipitated the discharge, we cannot conclude 
that clemency is warranted.  Regarding his request to change his 
RE code, we note that DPSOA states his RE code was recorded in 
error and we agree with their recommendation to administratively 
change it to “2B”.  Additionally, we note that the applicant 
states that his 19 Oct 09, reenlistment does not appear on his 
DD Form 214.  He is correct as the DD Form 214 is not the proper 
source document for reenlistment data.  Therefore, aside from 
the administrative correction we find no basis to grant 
additional relief.  In view of the above and in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in 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 
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-2013-02696 in Executive Session on 13 Mar 14, under 
the provisions of AFI 36-2603:

				Panel Chair
      Member
			Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 May 13.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOR, dated 15 Jul 13.
	Exhibit D.  Letter, AFPC/DPSOA, dated 15 Aug 13, w/atch.
	Exhibit E.  Letter, AFLOA/JAJM, dated 6 Nov 13.
	Exhibit F.  Letter, SAF/MRBR, dated 6 Dec 13.




								
								Panel Chair