RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03710
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His dismissal (court martial) be upgraded to an honorable
discharge.
APPLICANT CONTENDS THAT:
The applicant provides no contentions.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
15 Sep 79.
On 4 Nov 91, the applicant was dismissed (court martial), and
was credited with 12 years, 1 month, and 20 days of active
service.
On 19 Sep 14, 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 C).
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 D.
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 and was sentenced on 13 Jun 90. A military judge
found the applicant guilty, in accordance to his pleas, of one
charge and one specification of wrongful use of cocaine. The
applicant was discharged with a dismissal, served six months in
confinement, and forfeiture $2500.00 a month for six months. On
27 Sep 90, the convening authority approved the sentence as
adjudged. On 15 Jan 91, the Air Force Court of Criminal Appeals
affirmed the findings and sentence in whole. Final action was
taken on the applicants case on 10 Oct 91. The punishment by
the military judge was within the range of permissible
punishments. 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 authorities. The applicant has submitted no evidence
of clemency.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 23 Feb 15 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-2014-03710 in Executive Session on 14 May 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-03710 was considered:
Exhibit A. DD Form 149, dated 7 Sep 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 19 Sep 14.
Exhibit D. Memorandum, AFLOA/JAJM, dated 6 Nov 14.
Exhibit E. Letter, SAF/MRBR, dated 23 Feb 15.
AF | BCMR | CY2012 | BC-2012-04547
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04547 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to an honorable discharge. It also indicates that a bad conduct discharge is more than merely a service characterization; it is a punishment for the crimes the individual committed while a member of the...
AF | BCMR | CY2014 | BC 2014 02093
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02093 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable or general. 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 D. AIR FORCE...
AF | BCMR | CY2013 | bC-2013-00497
He notified the business of his mistake, and was told they would hold the check until the next morning, however, the manager filed bad check charges against him before he could make the deposit. On 21 Sep 92, the applicant applied for a review of his BCD to the Air Force Discharge Review Board (AFDRB). 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...
AF | BCMR | CY2014 | BC 2014 01414
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. 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...
AF | BCMR | CY2013 | BC 2013 01898
On 8 Jan 90, the Air Force Court of Criminal Appeals approved the findings of guilty and the sentence and the BCD was executed on 11 Jun 90. 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...
AF | BCMR | CY2013 | BC 2012 02269
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02269 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to general. Specifically, section 1552(f)(1) permits the correction of a record to reflect actions taken by a reviewing authority under the UCMJ. We note this Board is without authority to reverse, set...
AF | BCMR | CY2014 | BC 2014 01594
On 4 Apr 89, the applicant was convicted in a General Court- Martial of two violations of Article 112a, wrongfully use of cocaine and distribution of cocaine. 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. We find no evidence which...
AF | BCMR | CY2014 | BC 2014 02690
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 D. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice. As of this date, no response has been received by this office (Exhibit E). FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicants request and the available evidence...
AF | BCMR | CY2011 | BC-2011-02021
His official records be corrected to update his Bad Conduct Discharge (BCD) to General (Under Honorable Conditions). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial indicating there is no evidence of an error or injustice. We find no evidence...
AF | BCMR | CY2014 | BC 2014 03857
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03857 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to general (under honorable conditions). The remaining relevant facts pertaining to this application is described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit D. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. ...