RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05521

			COUNSEL:  NONE

			HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be removed.  
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APPLICANT CONTENDS THAT:

For over forty years, he has been living with this BCD and he would like to have it corrected.  He did not have proper 
counseling before receiving his BCD and it has affected his life to date.  

The applicant did not submit any additional documents in support of his request.  

The applicant’s complete submission is at Exhibit A. 
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STATEMENT OF FACTS:

According to documents extracted from the automated records management system (ARMS), the applicant is a former member of 
the Regular Air Force who entered active duty on 5 October 1970.  He served as a Food Services Specialist and was progressively 
promoted to the grade of Sergeant (Sgt), E-4.  The applicant’s grade at the time of discharge was Airman Basic (AB), E-1, with 
a date of rank of 10 July 1981.

On 10 July 1981, the applicant was tried by special court-martial for:  

	a.  one specification of wrongful transfer of marijuana on or about 12 September 1980, in violation of Article 134, Uniform 
Code of Military Justice (UCMJ), Wrongful Use, Possession, etc., of Controlled Substances.  

	b.  two specifications of wrongfully selling marijuana.

	c.  two specifications of wrongfully possessing marijuana.   

	d.  two specifications of wrongfully using marijuana. 

	e.  one specification of wrongfully making a false statement .

The applicant pled guilty to the specifications with the exception of “wrongfully making a false statement,” and was 
found guilty of the charges and specifications except for one charge of possession of marijuana, which was dismissed.  The 
sentence adjudged by the military court on 10 July 1982, was a bad conduct discharge, confinement at hard labor for three 
months, reduction to the grade of airman basic, and forfeiture of $250.00 per month for three months.  

The applicant was released from active duty on 16 September 1982, with a bad conduct characterization of 
service and was credited with 11 years, 8 months and 28 day of active duty service.  
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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  JAJM states that based on their review of the record, the applicant was afforded all due process.  

The complete AFLOA/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 28 February 2014, for review and comment within 30 
days (Exhibit D).  To date, a response has not been received.  
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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.  We took notice 
of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation 
of the Military Justice Division and adopt its rationale as the basis for our conclusion that the applicant has not been the 
victim of an error or injustice.  The applicant's discharge was based on his trial and conviction by a special court-martial.  
Evidence has not been provided to show that the applicant's discharge was erroneous or unjust.  While we are precluded by 
law from reversing a court-martial conviction, we are authorized to correct the records to reflect actions taken by reviewing 
officials and to take action on the sentence of a military court based on clemency.  In view of the seriousness of the misconduct 
he committed (i.e., the possession, transfer and use of illegal substances, and making a false statement), there is nothing in 
the available record which would cause us to disturb the actions of the reviewing officials in this case.  Therefore, in the 
absence of evidence to the contrary, we find no basis to recommend granting the relief sought in 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(s) involved.  Therefore, the request for a hearing is not favorably considered.
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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 this application in Executive Session on 1 May 2014, under the provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member


The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05521 was considered:

    Exhibit A.  DD Form 149, dated 28 August 2013.
    Exhibit B.  Applicant’s Master Personnel Records
    Exhibit C.  Letter, AFLOA/JAJM, dated 17 January 2014.
    Exhibit D.  Letter, SAF/MRBR, dated 28 February 2014.