RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00514
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to honorable.
APPLICANT CONTENDS THAT:
He had to hide his shame from his children and employers. He is
drug free and stayed out of trouble and is seeking medical help
from the Department of Veterans Affairs.
The Board should find it in the interest of justice to consider
his untimely application because he has changed his life.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Air Force from 12 April 1984 through
26 January 1987. His service was terminated by a BCD. He
served a total of 1 year, 11 months and 29 days of active
service.
Pursuant to the Boards request, the Federal Bureau of
Investigation indicated a criminal history does exist.
In an undated letter, a request for post-service information was
forwarded to the applicant for review and response within
30 days. In a letter dated 20 May 2014, the applicant responded
to the Boards request for post-service information. He
sincerely regrets the circumstances surrounding his discharge,
which taint not only his service record, but reflects badly on
his three children. When the offense occurred he was young,
suffering from a bad marriage and lost his beloved grandfather,
who raised him while his father served in Vietnam. He is now
drug-free and has worked with police to clean up the local
community. He was also named County Civilian of the Year for
rescuing two children from a burning apartment building.
Notwithstanding his past mistakes, he is a good father and
strives to be a productive member of society. In further
support of his request, the applicant provides two character
statements.
His complete response, with attachments is at Exhibit F.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. Based on the military justice
records in this case and consistent with the decision of the Air
Force Court of Military Review, JAJM recommends the Board not
grant relief based on any error or injustice with the court-
martial process. The applicant was tried by general court-
martial which convened between 27 and 28 February 1986. A
military judge found the applicant guilty of use and
distribution of marijuana, in violation of Article l12a, Uniform
Code of Military Justice (UCMJ). The military judge sentenced
the applicant to be discharged with a BCD, to be confined for
1 year and 10 months, to forfeit all pay and allowances, and to
be reduced from the grade of airman (E-2) to the grade of airman
basic (E-1). On 26 April 1986, the convening authority only
approved the BCD, 13 months confinement, forfeiture of all pay
and allowances, and reduction to the grade of E-1. On 24 July
1986, the Air Force Court of Military Review affirmed the
sentence as approved. On 6 October 1986, the Court of Military
Appeals denied the applicant's petition for grant of review.
Finally, on 17 December 1986, the convening authority ordered
the BCD executed.
The complete JAJM evaluation is at Exhibit D.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 21 March 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by
this office (Exhibit D).
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 error or injustice. We note 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, § 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 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 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, the
seriousness of the offenses of which convicted, and noting the
documentation pertaining to his post-service activities, we do
not find the evidence presented is sufficient for us to conclude
that clemency is warranted. In view of the above, we cannot
recommend approval based on the current evidence of record.
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 this application
in Executive Session on 20 November 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2014-
00514 was considered:
Exhibit A. DD Form 149, dated 23 February 2014.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin, 28 April 2014.
Exhibit D. Letter, AFLOA/JAJM, dated 12 March 2014.
Exhibit E. Letter, SAF/MRBR, dated 21 March 2014.
Exhibit F. Letter, Applicant, dated 20 May 2014, w/atchs.
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