RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00715 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: His BCD should be upgraded due to the time elapsed since his discharge. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 3 Jul 78 as an airman basic (E-1) for a period of four years and was progressively promoted to the grade of sergeant (E-4), effective and with a date of rank of 1 Mar 82. On 30 Apr 84, the applicant pled guilty at a general court- martial to multiple violations of Article 134 of the Uniform Code of Military Justice, including wrongful use, possession, and distribution of marijuana and methamphetamine; unlawful receipt of stolen property; and conspiracy to introduce marijuana on to a military installation. He was sentenced to a reduction in grade to airman basic (E-1), confinement at hard labor for 15 months, forfeiture of $397.00 per month for 15 months, and a BCD. On 12 Feb 86, the applicant was furnished a BCD and was credited with 6 years, 1 month, and 17 days of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is attached at Exhibit D. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial, indicating there is no evidence of an error or injustice in the process of the applicant’s court- martial or appeal. To overturn this punishment now would require the Board to substitute its judgment for that rendered by the court and the convening authority 26 years ago when the facts and circumstances were fresh. An upgrade based on clemency is also inappropriate as the applicant has not provided any support to the idea that he has been rehabilitated since the time of his court-martial. A complete copy of the AFLOA/JAJM evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 4 Jun 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). A copy of the FBI Report of Investigation and a request for post-service information was forwarded to applicant on 2 Aug 10 for review and comment within 30 days. In response, the applicant provides an expanded statement and copies of seven letters of support for his request (Exhibit G). ________________________________________________________________ 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 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 Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We find no evidence which indicates the applicant’s BCD, which had its basis in his conviction by general 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 UCMJ. Furthermore, because of the lack of documentation concerning his activities since leaving the service, we are not inclined to recommend upgrading his discharge based on clemency at this time. In view of the forgoing, and in the absence of sufficient evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2010-00715 in Executive Session on 23 Sep 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Feb 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFLOA/JAJM, dated 19 May 10. Exhibit E. Letter, SAF/MRBR, dated 4 Jun 10. Exhibit F. Letter, AFBCMR, dated 2 Aug 10, w/atch. Exhibit G. Letter, Applicant, dated 31 Aug 10, w/atchs.