RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00162
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded.
APPLICANT CONTENDS THAT:
He was not in the country to commit the crimes for which he was
found guilty.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 16 April
2001.
The applicant was tried and convicted by a general court-martial
for being absent without leave (AWOL) terminated by
apprehension, in violation of Article 86, Uniform Code of
Military Justice (UCMJ) and for the wrongful distribution of
marijuana, in violation of Article 112a, UCMJ.
On 9 December 2004, the applicant was found guilty and was
sentenced to a BCD and confinement for 18 months. On 5 November
2007, the convening authority ordered the applicants BCD
executed.
On 18 December 2007, the applicant was discharged in the grade
of airman basic with a BCD under the provisions of Court-
Martial. He served 6 years, 8 months and 3 days on active duty.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the applicant was
afforded all requisite due process. Although, he argues that he
could not have committed these crimes, he was found guilty
beyond a reasonable doubt by a panel of officer and enlisted
members based on legally and factually sufficient evidence
according to the Air Force Court of Criminal Appeals. There is
no error or injustice associated with the court-martial process
that would warrant granting relief sought.
The JAJM complete evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided additional documentation in support of
his appeal (i.e. travel orders, Supplemental Evaluation Sheets,
certificate for the Air Force Achievement Medal, etc.)
The applicants complete submission is at 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 took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Chief, Military Justice Division and adopt
their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, 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 the evidence presented did not
demonstrate the existence of an 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-2014-00162 in Executive Session on 18 November 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 January 2014, w/atchs.
Exhibit B. Letter, AFLOA/JAJM, dated 13 March 2014.
Exhibit C. Letter, SAF/MRBR, dated 15 September 2014.
Exhibit D. Documentation, Applicant, not dated.
Exhibit E. Applicants rebuttal
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