RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01962
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to general (under
honorable conditions).
APPLICANT CONTENDS THAT:
He requests an upgrade of discharge based on the fact that the
court-martial occurred 30 years ago. Also, the upgrade is
necessary in order to have the opportunity to utilize benefits
from the Department of Veterans Affairs (DVA), vote, and it
would improve his self-esteem.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 11 August
1982.
On 14 August 1986, the applicant was tried by a general court-
martial for writing a check that was dishonored for insufficient
funds. The applicant was found guilty in violation of Article
123a, Uniform Code of Military Justice (UCMJ). The applicant
was also found guilty for the wrongful use and possession of a
controlled substance, in violation of Article 112a, UCMJ. The
applicant was sentenced to a dishonorable discharge, confinement
for one year, forfeiture of all pay and allowances, and a
reduction in grade to airman basic. The convening authority
upgraded the applicants discharge to bad conduct.
On 11 August 1986, the Air Force Court of Military Review
affirmed the sentence. On 10 November 1986, the applicants
petition to the United States Court of Military Appeals was
denied.
On 16 January 1987, the applicant was discharged in the grade of
airman basic with a BCD under the provisions of General Court-
Martial Order #5. He served 3 years, 8 months and 16 days on
active duty.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states they find no error or
injustice with the court-martial proceedings which would warrant
upgrading the applicants discharge characterization.
JAJMs complete evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 September 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and response 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 took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Chief, Military Justice Division and adopt
their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2014-01962 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 31 March 2014, w/atchs.
Exhibit B. Applicants Available Master Personnel Record.
Exhibit C. Letter, AFLOA/JAJM, dated 23 June 2014.
Exhibit D. Letter, SAF/MRBR, dated 29 September 2014.
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