RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01928
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to general (under
honorable conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was used as a scape goat. He did his jail time and retired
after a 28-year career with a brewing company.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the automated records
management system (ARMS), the applicant is a former member of
the regular Air Force.
On 19 October 1983, he was found guilty of wrongfully
distributing LSD, wrongfully possessing marijuana and wrongfully
using marijuana, in violation of Article 134, Uniform Code of
Military Justice (UCMJ); and violating a lawful order, in
violation of Article 92, UCMJ. He was sentenced to a bad
conduct discharge, confinement with hard labor for 15 months,
forfeiture of $200.00 pay per month for 15 months and reduction
to airman. He was discharged on 19 December 1984 with a bad
conduct discharge
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. In accordance with 10 U.S.C
1552(f)(2), the Board may take actions on the sentence of a
court-martial for clemency. In this case, the applicant was
found guilty, in contrast to his plea, of distribution of LSD,
in violation of Article 134, UCMJ. He was also found guilty,
pursuant to his pleas, of possession of marijuana, in violation
of Article 134, UCMJ, and possession of drug paraphernalia, in
violation of Article 92, UCMJ. He was sentenced to 15 months
hard labor without [sic] confinement, forfeiture of $200.00 pay
per month for 15 months and reduction to the grade of airman.
On 16 January 1984, the general court-martial convening
authority approved the sentence as adjudged. On 18 May 1984,
the Air Force Court of Military Review found the approved
findings and the sentence correct in law and fact. On 3 October
1984, the Court of Military Appeals denied the applicants
petition for a grant of review. On 22 June 1984, the general
court-martial convening authority ordered the applicants bad
conduct discharge be executed.
There was no error or injustice with the court-martial process
which would warrant upgrading the applicants discharge
characterization.
The complete JAJM evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submitted a copy his Federal Bureau of
Investigation (FBI) report which revealed they have no arrest
data (Exhibit D).
________________________________________________________________
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 error or injustice. We note 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), our actions 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 applicant's overall
quality of service, the court-martial conviction which
precipitated the discharge, the seriousness of the offenses to
which convicted. There was insufficient evidence submitted
attesting to the applicants post-service accomplishments to
conclude that clemency at this time is warranted. In view of
the above, we cannot recommend approval based on the current
evidence of record.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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-2014-01928 in Executive Session on 5 February 2015,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records Excerpts.
Exhibit C. Letter, AFLOA/JAJM, dated 10 Jul 14.
Exhibit D. Letter, FBI Investigative Report, dated 25 Aug 14.
Exhibit E. Letter, SAF/MRBR, dated 30 Sep 14.
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