RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01414
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Bad Conduct discharge be upgraded to Honorable.
APPLICANT CONTENDS THAT:
He was discharged after only his first offense and has not had a
problem with illegal substances since leaving the Air Force. He
has been out of the service for over 20 years. He is trying to
better himself and his family with better work opportunities.
Allowing this upgrade will help him achieve his goals for a
better job with higher pay.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 4 Sep
85.
On 14 Feb 89, the applicant was found guilty by a General Court-
Martial of 6 violations of the Uniformed Code of Military
Justice stemming from the wrongfully use and distribution of
marijuana and cocaine. The applicant was sentenced to a Bad
Conduct discharge, 7 months confinement and reduction to the
grade of airman basic.
On 1 Nov 89, the general court-martial convening authority
ordered the applicants Bad Conduct discharge executed.
On 23 Jan 90, the applicant was furnished a Bad Conduct
discharge, and was credited with 4 years, 4 months, and 19 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 applicant was found guilty, in
accordance with his plea, of wrongful use and distribution of
marijuana on divers occasions, in violation of Article 112a, and
wrongful attempt to use and distribute cocaine, in violation of
Article 80 of the Uniform Code of Military Justice. He was
sentenced to 7 months confinement and reduction to the grade of
airman basic.
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 29 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, in
the absence of any evidence related to the applicants post-
service activities that would enable us to determine if his
accomplishments since his discharge are sufficient to overcome
the misconduct for which he was discharged, 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-2014-01414 in Executive Session on 10 Mar 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFLOA/JAJM, dated 10 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 29 Sep 14.
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