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AF | BCMR | CY2009 | BC-2009-00197
Original file (BC-2009-00197.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00197 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His bad conduct discharge (BCD) be upgraded to an under honorable 
conditions (general) discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

During wartime, he served his country in an outstanding manner. 
He paid his debt to society and has been a model citizen in his 
community. He needs this upgrade to assist him in obtaining help 
for his medical problems through the Department of Veterans 
Affairs. He believes he deserves a chance like any other veteran 
or will his service to his country go unnoticed. 

 

Applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 10 May 1971, the applicant contracted his initial enlistment 
in the Regular Air Force. He was progressively promoted to the 
grade of technical sergeant having assumed the grade effective 
and with a date of rank of 3 Oct 85. 

 

On 2 May 1985, he was tried by a general court-martial for 13 
specifications of filing false claims against the United States 
government in violation of Article 132, Uniform Code of Military 
Justice (UCMJ). He pled guilty to 12 of the 13 specifications 
and was sentenced to a dishonorable discharge, confinement for 24 
months, forfeiture of $500.00 pay per month for 24 months, 
reduction to the grade of airman first class and a fine in the 
amount of $3200.00. On 8 July 1985, the convening authority 
approved the sentence as adjudged. On 6 September 1985, the 
findings of guilty and sentence were affirmed by the Air Force 
Court of Military Review. On 20 November 1985, the United States 
Court of Military Appeals denied the applicant's petition for 
review of the conviction, therefore, the findings and sentence in 
the applicant's case became final and conclusive under the UCMJ. 
He was discharged on 22 May 1986. He served 10 years and 
6 months and 27 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. 

 

On 9 July 2009, the Board staff requested the applicant provide 
documentation pertaining to his activities since leaving military 
service. He has not responded (Exhibit F). 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends the requested relief be denied and states 
the mere fact that 24 years have passed since the applicant's 
court-martial does not erase his past criminal conduct or make 
his dishonorable discharge any less appropriate for the offenses 
he committed. To overturn this punishment now would require the 
Board to substitute its judgment for that rendered by the court 
over 24 years ago when the facts and circumstances were fresh. A 
dishonorable discharge was and continues to be part of a proper 
sentence and properly characterizes his service. 

 

The complete AFLOA/JAJM evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 8 May 2009 for review and comment within 30 days. As of this 
date, there has been no response 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 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 
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 also find no 
evidence which indicates the applicant’s service 
characterization, which had its basis in his conviction by a 
general court-martial and was a part of a pre-trial agreement and 
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 applicant's overall 
quality of service, the general court-martial conviction which 
precipitated the discharge, and the seriousness of the offense 
for which convicted. Based on the evidence of record, we cannot 
conclude that clemency is warranted. There being insufficient 
evidence to the contrary, the Board finds no compelling basis to 
recommend granting the relief sought. 

 

_________________________________________________________________ 

 

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-2009-00197 in Executive Session on 24 September 2009 
under the provisions of AFI 36-2603: 

 

 , Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 10 Jan 09, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Investigative Report. 

 Exhibit D. Letter, AFLOA/JAJM, dated 23 Apr 09. 

 Exhibit E. Letter, SAF/MRBR, dated 8 May 09. 

 Exhibit F. Letter, AFBCMR, dated 9 Jul 09. 

 

 

 

 

 

 Panel Chair 

 



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