RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04721 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: Her Bad Conduct Discharge (BCD) be upgraded. ________________________________________________________________ THE APPLICANT CONTENDS THAT: Her BCD was based on inaccurate and unjustifiable information used in her court-martial. She was caught up in the middle of a situation that involved her supervisor who was a staff sergeant at the time. She tested only once, yet was accused of using cocaine three times because she was in the vicinity of others who were considered cocaine users. She never distributed nor knowingly possessed cocaine; she did not knowingly use cocaine; she did not drink alcohol that night; however, it’s possible that it was put in her drink. The three-year time limitation should be waived based on the fact that she has had to suffer the effects of the BCD for over 25 years. In support of her appeal, the applicant provides a personal statement; letters of commendation; an Enlisted Performance Report (EPR), closing 9 Jul 86 and the Post Trial Clemency Evaluation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 18 Jan 83, the applicant enlisted in the Regular Air Force. On 11 Feb 91, the applicant was tried and convicted at a special court-martial. She pled guilty to and was found guilty of using and possessing cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ). A panel sentenced the applicant to be discharged from the service with a BCD and to be reduced from the grade of E-4 to E-1. On 23 Dec 86, the United States Air Force Court of Military Review determined that the findings and sentence were correct in law and fact and that no error prejudicial to the substantial rights of the applicant was committed. On 6 Oct 86, the special court-martial convening authority approved the adjudged sentence. On 8 Jun 87, the convening authority ordered the BCD executed. On 16 Jun 87, the applicant was discharged, with a narrative reason for separation of conviction by court-martial (other than desertion), and a bad conduct character of service. She was credited with 4 years, 4 months and 29 days of active duty service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFLOA/JAJM recommends denial, stating, in part, that there is no basis to grant relief based on any error or injustice with the court-martial process. The applicant contends that her court-martial was "based on inaccurate and unjustifiable information." She states that she never knowingly possessed or used cocaine. This is inconsistent with her pleas at trial and is unsupported. The complete JAJM evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. 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, §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 that indicates the applicant’s service characterization, which had its basis in her 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 special court-martial conviction which precipitated the discharge, and the seriousness of the offense to which convicted, and having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on her request. In addition, based on the evidence of record, we are not persuaded the characterization of the applicant’s discharge warrants an upgrade on the basis of clemency. Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2013-04721 in Executive Session on 29 Jul 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Aug 13, w/atchs. Exhibit B. Pertinent Excerpts of the Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 6 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 17 Jan 14.