RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00032
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded.
APPLICANT CONTENDS THAT:
He had just received additional training to become a liaison for
jurisdictional issues between military and civilian law
enforcement operations. He was one of two NCOs selected from
his security forces squadron. He then began to utilize the
techniques and training he had been given to gather information
and intelligence off-duty without any official approval from the
Air Force on law enforcement officials.
He was approached by another military member in his squadron
that had been relieved of duty and was pending discharge about
drug purchases for recreational use. This then led to a court-
martial. He contended that he had two options to plea for
entrapment or to plead guilty to distribution, in which his
sentence could be lightened. He realized that the military
member who had initially approached him was sent by the Office
of Special Investigation (OSI) as part of his personal plea
deal.
Since his discharge, he attended college, obtained employment,
and has been actively involved in his community. In 2006, he
founded Unity in Disasters and became heavily involved in
disaster relief.
In support of his appeal, the applicant provides recognition
letters from the Governor of Georgia, the Catholic Charities of
Atlanta, and the Georgia Director of Homeland Security, and
several character reference letters.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
25 February 1980.
On 25 January 1986, the applicant was tried by a general court-
martial based on two specifications of the wrongful distribution
of cocaine in violation of Article 112a, Uniform Code of
Military Justice. The applicant plead not guilty (entered after
military judge refused to accept guilty plea) to the Charge and
its Specifications. The applicant was sentenced in accordance
with his plea by a military judge to a BCD, confinement for six
months, and reduction to the grade of Airman Basic.
On 22 May 1986, the general court-martial convening authority
approved the adjudged sentence.
On 16 July 1986, the Air Force Court of Military Review found
the approved findings and sentence were correct in law and fact.
On 17 April 1987, the Court of Military Appeals denied the
applicants petition for grant of review.
On 22 July 1987, the convening authority ordered the BCD be
executed.
On 11 August 1987, the applicant was furnished a BCD, and was
credited with 3 years, 7 months, and 29 days of active service,
excluding lost time from 13 February 1986 through 13 July 1986.
On 28 April 2014, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. In response, the applicant provided copy of his FBI
Report (Exhibit D).
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit E.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial, indicating there is no evidence of
an error or an injustice with respect to the court-martial
proceedings. In accordance with Title 10 U.S.C. §1552(f)(2),
the Board may take action on the sentence of a court-martial
for purposes of clemency. On 25 January 1986, the applicant
was tried by a general court-martial based on the charge of
wrongful distribution of cocaine. The applicant was found
guilty in violation of Article 112a, Uniform Code of Military
Justice (UCMJ). On 22 July 1987, the convening authority
ordered the BCD be executed.
A complete copy of the AFPC/JAJM evaluation is at Exhibit E.
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 (Exhibit F). 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 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 which indicates 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). 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 his
accomplishments since his discharge are sufficient to overcome
the misconduct for which he was discharged, 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-2014-00032 in Executive Session on 2 December 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 28 Apr 14.
Exhibit D. FBI Report.
Exhibit E. Memorandum, AFLOA/JAJM, dated 22 Apr 14.
Exhibit F. Letter, SAF/MRBR, dated 15 Sep 14.
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