RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02774 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: Her late husband’s records be corrected to remove his bad conduct discharge (BCD). ________________________________________________________________ _ APPLICANT CONTENDS THAT: Her late husband experienced something traumatic towards the end of his service that caused him to drink and go absent without leave (AWOL). He had an impeccable service record prior to some unknown event that triggered a change in his personality, which led to alcoholism. Her complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The decedent entered the Regular Air Force on 22 Feb 84. He met a special court-martial for violation of the Uniform Code of Military Justice (UCMJ), Articles 86, 87, 95, and 134. He was tried and convicted for missing movement, being absent without leave, breaking restriction, and resisting arrest. The decedent pled guilty to all charges and was found guilty. He received a BCD discharge, a reduction to airman basic, and was confined at hard labor for two months. The sentence was adjudged on 10 May 96. He was discharged on 26 Aug 97 after serving 13 years, 6 months, and 5 days on active duty. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial and states the applicant does not provide any specific basis for upgrading the former member’s discharge other than the implication that he should not have been held responsible for his crimes due to alcoholism. In addition, ordinarily an application must be filed within three years after an error or injustice is discovered or, with due diligence, should have been discovered. The applicant claims she did not discover this injustice until 15 Nov 10 when her and her mother found the former member’s DD Form 214. However, having written to the President of the United States to complain about his BCD, his mother was well aware of his punishment in 1996. Furthermore, it appears that on 30 Jul 96 the former member’s mother was provided a written response to her letter from SAF/LLI which explained both the relief available from the Board and the time limits for filing an application. Title (10 USC § 1552(f)) amended the basic corrections board legislation, the Board’s ability to correct records related to courts-martial is limited. Specifically, this section permits the correction of a record to reflect actions taken by a reviewing authority under the UCMJ. Additionally, it permits the corrections of records related to action on the sentence of courts-martial for the purpose of clemency. However, a grant of clemency is not appropriate in this case. To overturn the applicant’s punishment now would require the Board to substitute its judgment for that rendered by the court and the convening authority nearly 15 years ago when the facts and circumstances were fresh. Additionally, while clemency may be granted under 10 USC § 1552(f) (2), it would be unfair to those individuals who honorably served their country while in uniform. The complete JAJM evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She is asking for a pardon or clemency and would like her late husband’s 13 years of service to be considered, along with the medals that he received. Her late husband paid for the crime he committed; he lost his job, his promising future, his health, and his life at 41 years of age. He performed well for many years while serving in the military, ut after he lost his job, the alcohol took over and no one could help him. In 2010, she applied for widow benefits and cannot afford the unpaid bills because of her illness. The applicant’s complete submission, with attachments, 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 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 10 USC § 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 former member’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 UCMJ. We have considered the former member's overall quality of service, the special court-martial conviction which precipitated the discharge, and the seriousness of the offenses of which convicted. Based on the evidence of record, we are not persuaded that the characterization of his discharge warrants an upgrade on the basis of clemency. In view of the above, we conclude that no basis exists to grant favorable action on his request. ________________________________________________________________ _ 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-2012-02774 in Executive Session on 21 Feb 13, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence for Docket Number BC-2012-02774 was considered: Exhibit A. DD Form 149, dated 22 Jun 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 22 Aug 12. Exhibit D. Letter, SAF/MRBR, dated 30 Aug 12. Exhibit E. Letter, Applicant, dated 27 Sep 12.