RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00763 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

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APPLICANT CONTENDS THAT: 

 

He suffered with acute alcoholism at the time of his discharge 
and has been in recovery for 47 years. 

 

The applicant provides no evidence in support of his appeal. 

 

A copy of the applicant’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 27 December 1951, the applicant enlisted in the Regular Air 
Force in the grade of private (E-1). He was promoted to the 
grade of airman third class (E-2) effective and with a date of 
rank of 27 February 1952. 

 

In April 1952, the applicant received nonjudicial punishment 
under Article 15, Uniform Code of military Justice (UCMJ), for 
being drunk and disorderly. He received punishment consisting of 
reduction in grade to airman basic. In August 1952, he faced a 
summary court-martial for two specifications of missing a 
movement, in violation of Article 86, UCMJ. He pled guilty to 
the charges and specifications and was sentenced to confinement 
(at hard labor) for 30 days, and forfeiture of $50 pay. In 
October 1952, he faced a summary court-martial for wrongful 
appropriation of a U.S. Government motor vehicle, in violation of 
Article 121, UCMJ. He pled guilty and was sentenced to 
forfeiture of $57.50 pay per month for one month. In November 
1953, he faced summary court-martial for being absent from his 
unit without authority, in violation of Article 86, UCMJ. He 
pled guilty and was sentenced to confinement (at hard labor) for 
18 days and forfeiture of $30 pay. On 16 December 1953, he was 
tried at a special court-martial for one specification of 
willfully disobeying the order of a superior noncommissioned 
officer, in violation of Article 91, UCMJ, and one specification 
of failure to go to his appointed place of duty, in violation of 
Article 86, UCMJ. The applicant pled guilty to the charges and 


specifications and was sentenced by a panel of officers to a bad 
conduct discharge, confinement (at hard labor) for three months, 
and forfeiture of $55 per month for three months. 

 

On 14 February 1954, the convening authority approved the 
sentence from the special court-martial as adjudged. On 
25 February 1954, the Air Force Board of Review approved the 
findings and sentence as adjudged. Neither the Judge Advocate 
General nor the applicant petitioned the United States Court of 
Military Appeals for review of the conviction; therefore, the 
findings and sentence became final and conclusive under the UCMJ. 

 

The applicant was separated with a bad conduct discharge on 
21 April 1954. He served 1 year, 7 months, and 13 days on active 
duty. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report. On 18 June 2009, the applicant was given 
an opportunity to submit comments about his post service 
activities and the FBI Report (Exhibit E). As of this date, this 
office has received no response. 

 

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AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denying the applicant’s request to upgrade 
his discharge. JAJM states that under Title 10 United States 
Code (USC) Section 1552(f), which amended the basic corrections 
board legislation, the Air Force Board for Corrections of 
Military Record’s (AFBCMR) ability to correct records related to 
courts-martial, is limited. Specifically, Section 1552(f)(1) 
permits the correction of a record to reflect actions taken by 
reviewing authorities under the UCMJ. Additionally, Section 
1552(f)(2) permits the correction of records related to action on 
the sentence of courts-martial for the purpose of clemency. 
Apart from these two limited exceptions, the effect of Section 
1552(f) is that the AFBCMR is without authority to reverse, set-
aside, or otherwise expunge a courts-martial conviction that 
occurred on or after 5 May 1950 (the effective date of the UCMJ). 

 

JAJM states the applicant has identified no error or injustice 
related to his prosecution or the sentence. An examination of 
the Record of Trial indicates the applicant was afforded all of 
the procedural rights offered by the court-martial and appellate 
process. The applicant pled guilty to the offenses and the 
military judge ensured the applicant understood the meaning and 
effect of his pleas and the maximum punishment that could be 
imposed if his guilty pleas were accepted by the court. The 
applicant made a sworn statement in his own behalf. The court 
members took all of these factors into consideration when 
imposing the applicant’s sentence. His sentence was well within 
the legal limits and was an appropriate punishment for the 


offenses committed. This is especially true considering this was 
his fourth court-martial conviction in less than two years in the 
Air Force. 

 

JAJM states that while clemency may be granted, the applicant has 
not presented any information demonstrating such action to be 
appropriate. Additionally, clemency in this case 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: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 22 May 2009 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

_________________________________________________________________ 

 

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 probable error or injustice. The 
applicant’s discharge had its basis in his trial and conviction 
by a court-martial and he has provided no evidence showing that 
the sentence exceeded the maximum punishment allowable based on 
the offense of which he was convicted. We are constrained to 
note that, 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. There is nothing in the evidence provided which 
would lead us to believe that a change to the actions of any of 
the reviewing officials is warranted. Furthermore, we do not 
find clemency is appropriate in this case since the applicant has 
failed to provide any evidence concerning his post-service 
activities. Therefore, the applicant’s request is not favorably 
considered. 

 

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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. 

 

_________________________________________________________________ 

 

The following members of the Board considered this application in 
Executive Session on 18 August 2009, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2009-00763: 

 

 Exhibit A. DD Form 149, dated 25 Feb 09. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 13 May 09. 

 Exhibit D. Letter, SAF/MRBR, dated 22 May 09. 

 Exhibit E. Letter, AFBCMR, dated 18 Jun 09, w/atchs. 

 

 

 

 

 

 Panel Chair