RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01778
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to General (under honorable conditions).
APPLICANT CONTENDS THAT:
In 1974, the terms of his acceptance of the BCD were his discharge would be upgraded to General (Under Honorable Conditions) if he remained free of trouble for one year.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 27 Dec 72.
On 27 Feb 74, the applicant pled guilty and was found guilty at a General Court-Martial for larceny and wrongful appropriation, in violation of Article 121, Uniform Code of Military Justice (UCMJ). He was sentenced to a BCD, confinement at hard labor for six months, and forfeiture of $150 per month for eight months.
On 9 Apr 74, the general courtmartial convening authority approved the adjudged sentence.
On 16 Sep 74, the Board of Review approved the findings and the sentence was executed.
On 9 Oct 74, the applicant was furnished an under other than honorable conditions (UOTHC) discharge and credited with one year, one month, and two days of total active service.
A request for post-service information was forwarded to the applicant on 23 Jul 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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. 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. The applicant claims there was an agreement for the terms of the BCD; however, there is no evidence of said agreement. The OPR can find no error or injustice with the court-martial proceedings which would warrant upgrading the applicants discharge characterization.
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 18 Aug 14 for review and comment within 30 days (Exhibit E). 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-2014-01778 in Executive Session on 28 Jan 15, under the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01778 was considered:
Exhibit A. DD Form 149, dated 24 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFLOA/JAJM, dated 18 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 23 Jul 14.
Exhibit E. Letter, SAF/MRBR, dated 18 Aug 14.
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