RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01478 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: During his time in the service he performed his duties in an exceptional manner. His performance reports were always of the highest caliber. He gained invaluable knowledge and discipline from his experience in the Air Force. He accepts full responsibility for the actions that caused him to receive the BCD. However, that was not the character of his service. In support of his request, the applicant provides a personal statement and documents extracted from his military personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant with prior service reenlisted in the Regular Air Force on 1 April 1988. The applicant was tried by a General Court-Martial in May 1990. The applicant pled guilty to wrongful use of cocaine and marijuana on divers occasions in violation of Article 112a, Uniform Code of Military Justice (UCMJ). He was found guilty and sentenced to a BCD, confinement for eight months, forfeiture of $275.00 pay per month for eight months, and a reduction in grade from staff sergeant to airman basic. The applicant was discharged on 15 February 1991 with a BCD. He served 11 years, 11 months, and 1 day on active duty. The period 3 May 1990 through 16 November 1990 was lost time due to confinement. _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. JAJM states the applicant has identified no error or injustice related to his prosecution or the sentence. An examination of the record of trial shows no error in the processing of the court-martial. The applicant provides no justification for his request and clemency is not warranted in this case. The mere fact that the applicant continues to accept responsibility for his actions does not erase his past criminal conduct, does not make his BCD any less appropriate for the offenses he committed and certainly does not weigh in favor of Board action now to undo that part of the punishment. To overturn this punishment now would require the Board to substitute its judgment for that rendered by the court and the convening authority more than 20 years ago when the facts and circumstances were fresh. A BCD was and continues to be part of a proper sentence and properly characterizes his service. Clemency in this case would be unfair to those individuals who honorably served their country while in uniform. It would be offensive to all those who served honorably to extend the same benefits to someone who committed crimes such as the applicant’s while on active duty. The JAJM complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 October 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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. After thoroughly reviewing the evidence of record, we find no evidence to show that the applicant’s discharge as a result of his conviction by court-martial was erroneous or unjust. In view of the foregoing, we agree with the opinion and recommendation of the Military Justice Division and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof of the existence of either an error or an injustice. Therefore, based on the evidence of record, 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-2010-01478 in Executive Session on 2 December 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01478 was considered: Exhibit A. DD Form 149, dated 25 February 2010, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 14 June 2010. Exhibit D. Letter, AFBCMR, dated 29 October 2010. Panel Chair