RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01738 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His bad conduct discharge (BCD) be upgraded. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The BCD is an inaccurate description of his character and 
military performance record. He would like his record corrected 
in order to meet job and entrepreneurial expectations. Time has 
served its justice. 

 

In support of his request, the applicant provides copies of 
excerpts of his military personnel records, which include his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; DD Form 4, Enlistment/Reenlistment Document, and documents 
related to his court martial. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to the applicant’s discharge, 
extracted from the applicant’s military personnel records, are 
contained in the letter prepared by the Air Force office of 
primary responsibility, which is at Exhibit C. Accordingly, 
there is no need to recite these facts in this Record of 
Proceedings. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial, indicating there is no evidence of 
an error or injustice. On 17 – 20 May 93, the applicant, then a 
senior airman (E-4), was tried by a general court-martial for 
charges associated with sexually related offenses against fellow 


Airmen. Based on this, the applicant was charged with one 
specification of unlawfully entering a dormitory room with 
intent to commit a criminal offense – sodomy, in violation Of 
Article 130 of the Uniform Code of Military Justice (UCMJ); one 
specification of sodomy by force and without consent, in 
violation of Article 125 of the UCMJ; and one specification of 
indecent assault, in violation of Article 134 of the UCMJ. The 
applicant pled not guilty to the charges and specifications 
before a panel of officer and enlisted members who found him 
guilty of unlawfully entering the dormitory room with the intent 
to commit a criminal offense and sodomy by force without 
consent, but found him not guilty of indecent assault. The 
applicant was sentenced to a BCD, confinement for 18 months, and 
reduction to the grade of airman basic (E-1). On 26 Nov 93, the 
convening authority approved the findings and sentence as 
adjudged. On 28 Aug 95, the Air Force Court of Criminal Appeals 
(AFCCA) affirmed the findings of guilty and the sentence and his 
discharge was ordered executed on 20 Feb 96. The applicant does 
not allege an error or injustice in his rout-martial and the 
record shows that he was afforded all the procedural rights 
offered by the court-martial and appellate process. While 
clemency may be granted, the applicant provides no justification 
for his request, and clemency is not warranted in this case. 
While he contends the BCD is not an accurate description of his 
character, he has not provided any documentation in support of 
that statement. Furthermore, the applicant’s crimes were 
especially serious and, as such, the inclusion of a BCD in the 
sentence was well within the legal limits. 

 

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 29 Jul 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 

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. Based on 
the evidence of record, and the absence of any documentation 
describing the applicant’s post-service activities, we cannot 
conclude that clemency is warranted in this case. Therefore, 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-2011-01738 in Executive Session on 2 Feb 12, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 15 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 19 Jul 11. 

 Exhibit D. Letter, SAF/MRBR, dated 29 Jul 11. 

 

 

 

 

 

 Panel Chair