RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00779
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to general (under
honorable conditions).
APPLICANT CONTENDS THAT:
He did the crime and deserved the punishment. There has been no
error or injustice against him by the military. He is ashamed
and wants the opportunity to upgrade his discharge. He has
tried to make amends for more than 30 years and would like to be
forgiven for being young, dumb and senseless.
The Board should find it in the interest of justice to consider
his untimely application because he wanted his record corrected
since his discharge and is thankful to have the opportunity.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and several character reference letters.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 10 Nov 79, the applicant entered the Regular Air Force
On 5 May 82, by Special Court-Martial Order No. 26, the
applicant was found guilty of wrongfully using marijuana on or
about Feb 80 to Jun 81 and for wrongfully possessing marijuana
on or about 13 Jun 81, in violation of Uniformed Code of
Military Justice (UCMJ), Article 134. The judge sentenced him
to a BCD, to be confined at hard labor for three months, to be
reduced in rank to E-1 and to forfeit $367.00 per month for
three months.
On 17 Jun 82, the Air Force Court for Military Review found the
approved findings and sentence were correct in law and fact.
On 11 Jul 83, the applicant received a BCD. He was credited
with 3 years, 8 months and 2 days of active service.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. There is no evidence of an error
or an injustice. The applicant was tried by special court-
martial in which a military judge, in accordance with his plea,
found him guilty of wrongful use and possession of marijuana, in
violation of Article 112a, UCMJ.
On 4 Mar 82, he was sentenced to confinement at hard labor for
three months, reduced to the rank of E-1, forfeited $367.00 per
month for three months and received a BCD. The applicant states
he does not believe there was an error or injustice. He is very
ashamed of what happened while in the military. He claims he
has had over thirty years to make amends and has tried to do so.
He has submitted letters supporting his request.
The requested relief cannot be done administratively given the
application was received more than three (3) years since he was
court-martialed and discharged. In accordance with 10 U.S.C.
§1552(f)(2), the Board may take action on the sentence of a
court-martial for purposes of clemency. Based on the
applicants submission and his record, JAJM does not believe an
error or injustice occurred warranting a change to his sentence.
The Board should however; consider the applicants post-service
actions and supporting documentation in determining whether to
grant clemency.
The complete JAJM evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 28 Apr 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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 Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
In the interest of justice, we considered upgrading the
discharge based on clemency; however, we do not find the
evidence presented is sufficient to recommend granting relief on
that basis. Therefore, 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00779 was considered:
Exhibit A. DD Form 149, dated 5 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFLOA/JAJM, dated 28 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 15 May 14.
AF | BCMR | CY2013 | BC 2013 04846
Unfortunately, JAJM does not have any record of the applicants court martial so it is difficult to make a well informed recommendation. Through research, they determined that he filed a petition for grant of review with the United States Court of Military Appeals on 10 May 82 and the Court denied the petition on 23 Jun 82. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate...
AF | BCMR | CY2010 | BC-2009-03852
She pled not guilty to the charge and specifications; however, a panel of officers and enlisted personnel found her guilty of the charge and all specifications except the specification of wrongful transfer of cocaine. One of the witnesses testified that he and the applicant used marijuana together five to ten times during one three month period. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of...
AF | BCMR | CY2014 | BC 2014 01326
As of this date, no response has been received by this office. The complete JAJM evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: There has been a cover-up regarding his reporting of death threats. The applicants complete review is at Exhibit D. THE BOARD CONCLUDES THAT: 1.
AF | BCMR | CY2009 | BC-2009-00160
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit D. _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. Rules for Courts-Martial states that a bad conduct discharge “is designed as punishment for bad-conduct rather than as a punishment for serious offenses of either a civilian...
AF | BCMR | CY2008 | BC-2005-02137
On 20 Aug 07, counsel filed an addendum, with additional documents, to the applicant’s 5 Jun 05 request for relief to the Board (Exhibit C). The appellate courts found his conviction and sentence correct in fact and law. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant...
AF | BCMR | CY2008 | BC-2008-00591
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00591 INDEX CODE: 110.00 COUNSEL: Veterans of Foreign Wars HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a honorable discharge. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at...
AF | BCMR | CY2009 | BC-2009-01049
The applicants certificates of accomplishment provide scant support for action by the Board in light of the seriousness of the offenses he committed. We find no evidence which indicates the applicants BCD, which had its basis in his conviction by a general court-martial and was a part of the sentence of the military court, was improper or that it exceeded the limitations set forth in the UCMJ. However, because of the limited documentation concerning his activities since leaving...
AF | BCMR | CY2009 | BC 2009 01049
The applicants certificates of accomplishment provide scant support for action by the Board in light of the seriousness of the offenses he committed. We find no evidence which indicates the applicants BCD, which had its basis in his conviction by a general court-martial and was a part of the sentence of the military court, was improper or that it exceeded the limitations set forth in the UCMJ. However, because of the limited documentation concerning his activities since leaving...
AF | BCMR | CY2010 | BC-2010-01975
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01975 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to general. The AFLOA/JAJM complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded that...
AF | BCMR | CY2013 | BC 2013 01051
In cases which include guilty pleas, the military judge ensures the accused understands the meaning and effect of his plea and the maximum punishment that could be imposed if his guilty plea is accepted by the court. It also indicates that a BCD is more than merely a service characterization; it is a punishment for the crimes the individual committed while a member of the armed forces. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant...