RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01174
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Bad Conduct discharge be upgraded to a General (Under
Honorable Conditions).
APPLICANT CONTENDS THAT:
He was convicted of a misdemeanor offense which led to a Bad
Conduct discharge. The one year and five months of military
service that led to his discharge does not depict the type of
commitment he had for the first eight years of service. He
feels he received the most severe punishment by a newly
appointed commanding officer as an example for others.
He served eight years in the Air Force with above average
evaluations. Had his entire career been considered, he feels
he would have only received nonjudicial punishment for a bad
lapse in judgment.
In support of his request for clemency, the applicant submits
five character letters from elective officials and
businesspersons, all of whom have known him since being
discharged. He hopes that his commitment to be an honorable and
productive member of his community will positively support his
request.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 25 Feb 85, the applicant received an Article 15, Nonjudicial
Punishment, for operating a vehicle while drunk. He was ordered
to forfeit $200.00 pay per month for two months.
On 19 Jan 88, the applicant was found guilty by a Special Court
Martial for larceny a violation of Article 121 of the Uniform
Code of Military Justice. He was sentenced to a Bad Conduct
discharge, four months confinement, forfeiture of $438.00 pay
per month for four months and reduction to the lowest enlisted
grade.
On 9 Sep 88, the applicant was furnished a Bad Conduct
discharge, and was credited with 8 years, 10 months, and 9 days
of active service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial indicating there is no evidence of
an error or an injustice. The application has not been
submitted in a timely fashion. After careful review of the
record and the applicants submission, they do not believe there
is any error or injustice with the court-martial process which
would warrant changing the applicants approved court-martial
sentence.
A complete copy of the AFLOA/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 30 Sep 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 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-2014-01174 in Executive Session on 16 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFLOA/JAJM, dated 25 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 30 Sep 14.
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