RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03529
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to General (Under Honorable Conditions).
APPLICANT CONTENDS THAT:
Upon completion of his conviction he attended Alcoholics Anonymous (AA) and remains involved in these programs today as a youth counselor. He served honorably through two enlistments. One of the worst decisions he ever made cost him his career, family, etc. He now only looks ahead to being a productive citizen in his community.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 5 Mar 85.
On 30 Aug 97, the applicant was convicted in a general court-martial of four specifications of violating Article 112a of the Uniform Code of Military Justice (UCMJ), specifically, wrongful possession, distribution, and use of cocaine. For this, he was sentenced to a reduction in grade to Airman Basic (E-1), confinement for 18 months, and a BCD.
Under General Court-Martial Order, date 8 May 01, the second specification of violating Article 112a was set aside and the confinement portion of his sentence was reduced to 14 months.
On 11 May 01, the applicant was furnished a BCD with a narrative reason for separation of Court Martial (other).
On 22 Apr 15, a request for post-service information was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E.)
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 tried by a general court-martial. Contrary to his pleas, a panel of members found the applicant guilty of two charges and three specifications in violation of Article 112a, Uniform Code of Military Justice (UCMJ) for wrongfully using and possession of a controlled substance. On 30 Aug 97, a panel of officer members sentenced him to be discharged with a BCD, to be confined for 18 months and to be reduced in rank to Airman Basic. The record was forwarded to the Air Force Court of Criminal Appeals (AFCCA). The AFFCCA set aside the finding of guilty for Specification 2 of Additional Charge 1. They also modified the sentence to a BCD, 14 months confinement, and reduction to Airman Basic. The punishment adjudged by the military judge and approved by the convening authority was within the range of permissible punishments. The applicant was afforded all his appellate rights. In accordance with 10 USC §1552(f), the Board has no authority to overturn the court-martial conviction but may, only on the basis of clemency, correct the actions taken by the reviewing authority, i.e., the sentence. The applicant did not submit any matters for consideration of clemency.
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 26 Feb 15 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 took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicants post-service activities, there is no way for us to determine if the applicants accomplishments since leaving the service are sufficiently meritorious to 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-2014-03529 in Executive Session on 11 Jun 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Aug 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFLOA/JAJM, dated 20 Feb 15.
Exhibit D. Letter, SAF/MRBR, dated 26 Feb 15.
Exhibit E. Letter, SAF/MRBC, dated 22 Apr 15.
AF | BCMR | CY2007 | BC-2007-00594
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00594 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 1 SEP 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to general (under honorable conditions). The Air Force Court of Criminal Appeals affirmed the findings and sentence on 2 Feb 01. The...
AF | BCMR | CY2012 | BC-2012-00443
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00443 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: Her bad conduct discharge (BCD) be upgraded. The applicant’s service time was punctuated by cocaine use, which should not be rewarded by the granting of veteran’s benefits. ________________________________________________________________ The...
AF | BCMR | CY2014 | BC 2014 00859
On 23 Feb 08, the Air Force Court of Criminal Appeals found that the approved findings and sentence were correct in law and fact. AIR FORCE EVALUATION: AFLOA/JAJM recommends denying the applicant's request due to untimeliness or on its merits indicating the applicant offers no allegations of an error or injustice, but only that he has learned from his mistakes and does not want the discharge to hinder his future. We find no evidence which indicates the applicants service characterization,...
AF | BCMR | CY2007 | BC-2007-01370
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01370 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 8 NOVEMBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to an under honorable conditions (general) discharge. The AFLOA/JAJM complete evaluation is at Exhibit...
AF | BCMR | CY2006 | BC-2006-00526
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00526 INDEX CODE: 110.02, 106.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 26 Aug 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His 1989 bad conduct discharge (BCD) by special court-martial (SCM) be changed to a medical discharge [presumably with an honorable or general characterization of service]. ...
AF | BCMR | CY2013 | BC 2012 05572
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denying the applicants request due to untimeliness or on its merits indicating the applicant has not supplied any evidence of injustice. There is nothing in the record that supports the applicants...
AF | BCMR | CY2010 | BC-2010-04560
________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicants military personnel records, are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit C. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be...
AF | BCMR | CY2013 | bc-2013-01459
In support of his appeal, the applicant provided copies of his DD Form 214, Certificate of Release or Discharge from Active Duty and General Court-Martial Order The applicants complete submission is at Exhibit A. 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...
AF | BCMR | CY2010 | BC-2010-03365
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03365 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to an honorable discharge. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 14 March...
AF | BCMR | CY2008 | BC-2007-01693
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01693 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to an under honorable conditions (general) discharge. Specifically, Section 1552 permits the correction of a record to reflect actions taken by reviewing authorities under the Uniform...