RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-01053 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

His bad conduct discharge (BCD) be upgraded to general. 

 

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APPLICANT CONTENDS THAT: 

 

He has been diagnosed with bi-polar disorder and schizo-effective 
disorder which he feels contributed to some or all of the 
decisions he made while on active duty. He feels the decisions 
he made during his service led to his trial by court martial and 
ultimately to his bad conduct discharge. 

 

In support of his request, the applicant provides a copy of his 
DD Form 293, Application for the Review of Discharge from the 
Armed Forces of the United States. 

 

His complete submission, with attachment, is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

Applicant enlisted in the Regular Air Force on 30 Aug 95. 

 

The applicant received a BCD discharge on 12 Jan 04 after serving 
on active duty for 8 years and 10 days. 

 

The relevant facts pertaining to this application, extracted from 
the applicant’s military records, are contained in the letter 
prepared by the appropriate office of the Air Force. 

 

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AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial. JAJM states the applicant was 
suspected of committing a number of financially-related offenses 
and ultimately charged with: one specification of dereliction of 
duty in failing to use his government credit card for only 
official purposes (Article 92); eight specifications of 
wrongfully uttering checks with the intent to defraud, and one 
specification of dishonorable failure to pay a debt (Article 
134). Pursuant to a pretrial agreement, he plead guilty to the 


violations of Article 92 and 134. Based on his pleas, the 
military judge sentenced the applicant to a BCD, confinement for 
five months, and reduction to the grade of E-2 (airman). The 
United States Air Force Court of Criminal Appeals approved the 
findings and sentence as adjudged on 10 May 01. On 31 Aug 01, 
the United States Court of Appeals for the Armed Forces denied 
the applicant’s petition for review. 

 

JAJM states the applicant has not provided any documentation in 
support of his assertion that his diagnosis caused his actions 
while serving in the military. JAJM is of the opinion the 
discharge was handled IAW the governing regulations and that it 
is not appropriate to be upgraded. 

 

The JAJM complete submission 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 31 July 2009 for review and comment within 30 days. As of 
this date, this office has received no response. 

 

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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. After a 
thorough review of the evidence of record, we are not persuaded 
that the applicant’s discharge should be upgraded to a general 
discharge. Applicant’s contentions are duly noted; however, we 
do not find these uncorroborated assertions, in and by 
themselves, sufficiently persuasive to override the evidence of 
record or the rationale provided by AFLOA/JAJM. We therefore 
agree with the AFLOA/JAJM recommendation and adopt the rationale 
expressed as the basis for our decision that the applicant has 
failed to sustain his burden that he has suffered either an error 
or an injustice. Therefore, we find no compelling basis to 
recommend granting the relief sought. 

 

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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 AFBCMR Docket 
Number BC-2009-01053 in Executive Session on 17 Sep 09, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 May 09, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 6 Jul 09. 

 Exhibit D. Letter, SAF/MRBR, dated 31 Jul 09. 

 

 

 

 

 

 Panel Chair