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 applicants 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 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, we
do not find the evidence presented is sufficient for us to
conclude that the applicants 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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