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AF | BCMR | CY2014 | BC 2014 00658
Original file (BC 2014 00658.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00658

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) discharge be upgraded.


APPLICANT CONTENDS THAT:

He served 11 years in the Air Force and he feels the time prior 
to his discharge should be considered honorable.

He has several issues that surrounded his misconduct, i.e., his 
mother passed-away and his marriage was falling apart.  He began 
to suffer extreme depression, which led to an addiction to 
alcohol.  He is now a productive member of society and has been 
sober for the past 11 years.

In support of his appeal, the applicant provides a personal 
statement.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
9 September 1981.  

On 1 February 1991, the applicant was tried by general court-
martial based on the charge he wrongfully used cocaine between 
20 December 1989 and 20 January 1990, in violation of Article 
112a, Uniform Code of Military Justice.  He pled not guilty and 
was found guilty.  The applicant was sentenced to a BCD, 
confinement for three months, and reduction to the grade of 
airman basic (E-1).  The sentence was approved and executed, 
except for the BCD.

On 9 August 1993, the sentence was affirmed and the applicant 
was furnished a BCD.  He was credited with 11 years, 3 months, 
and 5 days of active service, excluding lost time from 
11 December 1990 through 16 March 1991.   

On 28 April 2014, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days. (Exhibit C).  In response, the applicant provided a 
character reference and a copy of his FBI Report (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 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 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 Uniform Code of Military Justice (UCMJ).  We 
have considered the applicant’s overall quality of service, the 
court-martial conviction which precipitated the discharge, and 
the seriousness of the offenses to which convicted.  However, we 
do not find the evidence presented is sufficient for us to 
conclude that the applicant’s post-service activities overcome 
the misconduct for which he was discharged.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought. 


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-2014-00658 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 10 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 28 Apr 14.
     Exhibit D.  Letter, Applicant, dated 7 May 14, w/atchs. 

						


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