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AF | BCMR | CY2014 | BC 2014 00514
Original file (BC 2014 00514.txt) Auto-classification: Denied
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 applicant’s 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 Board’s 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 Board’s 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 applicant’s 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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