RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00009
		INDEX CODE:  110.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded.

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APPLICANT CONTENDS THAT:

Applicant makes no contentions.  

In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; and character references.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 31 Aug 89 and was progressively promoted to the grade of airman first class, having assumed that grade effective and with a date of rank of 28 Dec 90.

On 25 Feb 92, the applicant was tried by a general court martial.  Two specifications of wrongfully appropriating money, to both of which he plead guilty, were dismissed after arraignment.  He plead guilty and was found guilty of two counts of falsely making an individual's signature on a withdrawal slip and falsely altering that individuals ID card.  Three additional specifications of stealing money from an additional individual, to which he plead not guilty, were dismissed after arraignment.  He plead not guilty and was found guilty of three counts of forging signatures on that individual's checks and one count of wrongful use of that individual's ID card.  His sentence, adjudged on 26 Feb 92, was confinement for 12 months, forfeiture of $600.00 pay per month for 12 months, reduction to the grade of E-1, and a bad conduct discharge.  He was discharged on 15 Sep 93.  He served 3 years and 15 days on active duty.

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AIR FORCE EVALUATION:

AFLSA/JAJM recommends denial.  JAJM states the applicant is not contending that a specific error has occurred and there is no indication of an error.  The sentence received was well within the legal limits and was appropriate punishment for the offenses committed. He had the assistance of counsel and was afforded all rights granted by statute and regulation.  Absent any specific error or injustice, any decision regarding his discharge status would be done as a matter of clemency.  He provides no compelling rationale to mitigate the approved punitive discharge.  It appears he is living a commendable life without further criminal conduct since his court martial.  He has also become a minister and is described as a "model citizen in the Christian faith."  Nonetheless, his misconduct was not minor and not a one-time "error in judgment," as he altered a military ID card and used it to steal money.  He forged three checks and attempted to withdraw additional funds before being caught.  The favorable information in his post-conviction life does not overshadow his conduct.  There are consequences for criminal behavior.  The military judge, convening authority, and appellate courts believed a bad conduct discharge was an appropriate consequence that accurately characterized his military service and crimes.  The JAJM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 Apr 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  After careful consideration of the applicant's request and the available evidence of record, we see no evidence of an error or injustice that would warrant a change to the characterization of his service.  While his post-service accomplishments are commendable, we do not find them sufficiently persuasive to warrant approval of the requested relief.  In our opinion, given the multiplicity of the offenses he committed against the good order and discipline of the service, and the relatively short period of time in which he served, the decision to punitively discharge him from the Air Force and the characterization of his service, were proper and in compliance with the appropriate directives.  Therefore, in the absence of persuasive evidence to the contrary, we do not recommend favorable consideration of his request.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00009 in Executive Session on 6 May 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLSA/JAJM, dated 30 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Apr 04.

                              
                                   Panel Chair