RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03447 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His court-martial conviction was based on an informant who provided false information. He wants his discharge upgraded so he can receive health care from the Department of Veteran Affairs (DVA), as he is sick. A copy of the applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 1 April 1983, the applicant, then an airman (E-2), was tried at a special court-martial as a result of being charged with three specifications of wrongful distribution of marijuana, two specifications of wrongful possession of marijuana with intent to distribute, one specification of knowing and wrongful use of marijuana, and one specification of knowing and wrongful use of cocaine; all in violation of Article 112a, Uniform Code of Military Justice (UCMJ). The applicant pled not guilty to the charge and specifications, but was found guilty of two specifications of wrongful distribution of marijuana and two specifications of possession with the intent to distribute marijuana. He was found not guilty of the other three specifications, but was found guilty of the charge. As a result, he was sentenced to a BCD, confinement for three months, forfeiture of $200 pay per month for three months, and reduction to the grade of airman basic (E-1). On 23 September 1983, the convening authority approved the findings and sentence. The record was forwarded for review by the Court of Military Review; however, there is no evidence of a decision of a Court of Military Review. On 29 June 1984, the convening authority took final action and affirmed the findings and sentence making the case final and conclusive under the UCMJ. The applicant’s BCD was ordered to be executed and, on 27 July 1984, he was discharged after serving 4 years, 6 months, and 17 days on active duty. He had lost time from 1 April 1983 through 15 June 1983. ________________________________________________________________ _ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. JAJM states the applicant has alleged his conviction was based on lies from an informant; however, he does not provide any additional evidence or information. Based on the documents provided by the applicant and the limited information in the Air Force Automated Military Justice Analysis and Management System (AMJAMS), there is no apparent error or injustice in how the court-martial was conducted. His sentence to a BCD, confinement for three months, forfeiture of $200 pay per month for three months, and a reduction in grade to airman basic, was well within the legal limits. It is JAJM’s opinion that clemency in this case would be unfair to those individuals who honorably served their country while in uniform. It addition, it would be offensive to those who served honorably to extend the same DVA benefits to someone who committed crimes such as the applicant’s while on active duty. The complete JAJM evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He served above and beyond in his Air Force job. He did not deserve the action that was taken. He hopes there is someone who can help to upgrade his discharge for heath purposes. The applicant’s complete rebuttal is at Exhibit E. ________________________________________________________________ _ 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 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), 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 which indicates that the applicant’s service characterization, which had its basis in his conviction by special court-martial 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 applicant's overall quality of service, the court-martial conviction which precipitated the discharge, the seriousness of the offense to which convicted, and the absence of any documentation pertaining to post-service activities. Based on the evidence of record, we cannot conclude that clemency is warranted. In view of the above, we cannot recommend approval based on the current evidence of record. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-03447 in Executive Session on 8 May 2013, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03447 was considered: Exhibit A. DD Form 149, dated 28 Jul 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 16 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12. Exhibit E. Letter, Applicant, not dated.