RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00859
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded.
APPLICANT CONTENDS THAT:
He has learned from his mistakes and has been a model citizen
since his discharge. He does not want this mistake to hinder
his future career opportunities.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the applicant's military personnel records, he
initially entered the Regular Air Force on 13 Jul 04.
On 11 Jun 07, the applicant pled guilty and was found guilty at
a general courts-martial of all the following charges and
specifications in violation of Article 112a, of the Uniform Code
of Military Justice (UCMJ).
a. On diverse occasions between 1 Feb 06 and on or about
16 Apr 07, the applicant wrongfully used 3, 4
methylenedioxymethamphetamine (MDMA, commonly known as
"Ecstasy"), a Schedule I controlled substance.
b. On diverse occasions between 1 Feb 06 and on or about
16 Apr 07, the applicant wrongfully used marijuana.
c. On diverse occasions between 1 Feb 06 and on or about
31 Aug 06, the applicant wrongfully used cocaine.
d. On diverse occasions between 1 Feb 06 and on or about
16 Apr 07, the applicant wrongfully distributed some amount of
3, 4 methylenedioxymethamphetamine (MDMA, commonly known as
"Ecstasy"), a Schedule I controlled substance.
e. On diverse occasions between 1 Feb 06 and on or about
16 Apr 07, the applicant wrongfully distributed some amount of
marijuana.
He was sentenced to a reduction to the grade of airman basic (E-
1), 15 months confinement, and a BCD.
On 1 Aug 07, the general court-martial convening authority
approved only the reduction to the grade of E-1, confinement for
12 months, and a BCD.
On 23 Feb 08, the Air Force Court of Criminal Appeals found that
the approved findings and sentence were correct in law and fact.
On 13 Jun 08, the Court of Appeals for the Armed Forces denied
the applicant's petition for grant of review.
On 25 Sep 08, the applicant was furnished a BCD.
On 28 Apr 14, a request for post-service information was
forwarded to the applicant for review and response within 30
days. As of this date, no response has been received by this
office (Exhibit C).
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denying the applicant's request due to
untimeliness or on its merits indicating the applicant offers no
allegations of an error or injustice, but only that he has
learned from his mistakes and does not want the discharge to
hinder his future.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 28 Jul 14 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit E).
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). After
considering the applicants overall quality of service, the
court-martial conviction which precipitated the discharge, and
the seriousness of the offenses to which convicted, we cannot
conclude that it is in the interest of justice to recommend a
clemency upgrade of the applicants character of service.
Therefore, we find no basis upon which to favorably consider
this application.
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-2014-00859 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 28 Apr 14.
Exhibit D. Memorandum, AFLOA/JAJM, dated 4 Apr 14.
Exhibit E. Letter, AFBCMR, dated 28 Jul 14.
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