RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-00603

					COUNSEL:  NONE

					HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His Bad Conduct discharge be upgraded to Honorable.


APPLICANT CONTENDS THAT:

An inequity has occurred in that he only had one incident over a 
seven year career and his evaluations were considered above 
average or higher.  

He solicits an update to the characterization of his service 
especially in light of the changing times and attitudes towards 
marijuana.  

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 6 Nov 
81.
 
On 13 Mar 84, the applicant was convicted by a special court-
martial of the wrongful distribution and use of marijuana, two 
violations of Article 134, Uniform Code of Military Justice.  He 
was sentenced to a Bad Conduct discharge, confinement at hard 
labor for two months, forfeiture of $200.00 per month for two 
months and a reduction in rank to airman basic.  The applicant’s 
duty status was changed from Present for Duty to Confinement 
(Military).

On 2 May 84, the applicant’s duty status was changed from 
Confinement (Military) to Present for Duty.

On 22 May 84, the convening authority approved the sentence in 
whole.

On 20 Dec 84, Special Court-Martial Order No. 71 finalized and 
directed the sentence to be executed.  

On 19 Feb 88, the applicant was furnished a Bad Conduct 
discharge, and was credited with 6 years, 3 months, and 14 days 
of active service.   

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFLOC/JAJM recommends denial indicating there is no evidence of 
an error or an injustice.  

The punishment adjudged was approved by the convening authority 
and was within the range of permissible punishments.  There is 
no evidence or claim that the applicant was not afforded all his 
appellate rights.  In accordance with 10 U.S.C. 1552(f), the 
Board has no authority to overturn the court-martial conviction 
but may only on the basis of clemency, correct the actions taken 
by the reviewing authorities, i.e., the sentence.  

The applicant states that changing times and attitudes towards 
marijuana should influence an upgrade.  There is no new evidence 
that would negate the crimes he committed in 1984, nor would 
today’s views on marijuana necessarily bring into question the 
appropriateness of the sentenced rendered at that time.

A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 6 Jul 15 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


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 
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, Section 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 which indicates the applicant’s 
service characterization, which had its basis in his court-
martial conviction 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, and 
the seriousness of the offenses to which convicted.  However, in 
the absence of any evidence related to the applicant’s post-
service activities that would enable us to determine if his 
accomplishments since his discharge are sufficient to overcome 
the misconduct for which he was discharged, we find no basis 
upon which to favorably consider this application.


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-2015-00603 in Executive Session on 15 Sep 15 under the 
provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2015-00603 was considered:

	Exhibit A.  DD Form 149, dated 2 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFLOA/JAJM, dated 5 Jun 15.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Jul 15.