RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00952 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her dishonorable discharge (BCD) be upgraded to a general or bad 
conduct discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her discharge was unjust due to entrapment. It has been 30 years 
since her conviction. She blames her behavior that led to her 
conviction on the foolishness of youth. 

 

In support of her appeal, she provides a DD Form 293, Application 
for the Review of Discharge or Dismissal from the Armed Forces of 
the United States. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 2 January 1979, the applicant enlisted in the Regular Air 
Force in the grade of airman basic (E-1). She was progressively 
promoted to the grade of senior airman (E-3) effective and with a 
date of rank of 1 September 1981. 

 

On 21 April 1982, the applicant was tried by general court-
martial. She was charged with 16 specifications of violating a 
lawful general regulation by selling methaqualone (also known as 
Quaaludes) in violation of Article 92, Uniform Code of Military 
Justice (UCMJ); two specifications of wrongful transfer of 
cocaine and two specifications of use of marijuana, all in 
violation of Article 134 UCMJ; one specification of attempting to 
violate a lawful general regulation by selling methaqualone, in 
violation of Article 80, UCMJ; and one specification of larceny, 
in violation of Article 121, UCMJ. The applicant pled not guilty 
to the charge and specification of larceny, but pled guilty to 
the remaining charges and specifications. She was sentenced by a 
military judge to a dishonorable discharge, confinement (at hard 
labor) for five years, forfeiture of all pay and allowances, and 
reduction to airman basic. On 7 July 1982, the convening 
authority approved the findings and sentence as adjudged. The 


Air Force Court of Military Review affirmed the findings and 
sentence on 26 August 1982. The applicant petitioned the United 
States Court of Military Appeals for review of her conviction, 
but her request was denied on 7 December 1982, making the 
findings and sentence in her case final and conclusive under the 
UCMJ. 

 

The applicant was separated with a dishonorable discharge on 
18 April 1983 with a separation code of JJD (conviction by court-
martial - others) and a reenlistment code of 2M (discharged under 
general or other-than-honorable conditions). She served 3 years, 
3 months, and 14 days on active duty. The applicant’s time lost 
was from 16 February 1982 through 21 February 1982, and 21 April 
1982 through 18 April 1983 due to military confinement. 

 

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 her post service 
activities and the FBI Report (Exhibit E). As of this date, this 
office has received no response. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denying the applicant’s request to upgrade 
her 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 her prosecution or the sentence. Prior to the trial, 
she entered into a pretrial agreement, in which she agreed to 
plead guilty to all of the charges and specifications (except 
larceny which was to be dismissed) in exchange for the convening 
authority agreeing to not approve a sentence that exceeded a 
dishonorable discharge, 90 months confinement, and forfeiture of 
pay and allowances. The applicant pled guilty at trial to the 
charges and specifications as was agreed to in the pretrial 
agreement. The imposed sentence was well below the maximum 
possible sentence of a dishonorable discharge, confinement for 64 
years, total forfeiture of pay and allowances, and reduction to 


the grade of E-1, and even below the agreed limit on confinement 
in the pretrial agreement. 

 

JAJM states that while clemency may be granted under Section 
1552(f)(2), the applicant provides no justification for her 
request; therefore, clemency is not warranted in this case. The 
applicant has not submitted with her application even so much as 
a character statement attesting to any improvement in her 
behavior in the intervening years. 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 8 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 her trial and conviction 
by a court-martial and she has provided no evidence showing that 
the sentence exceeded the maximum punishment allowable based on 
the offense of which she was convicted. We are constrained to 
note that, in accordance with Title 10, USC, 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 not provided any 
evidence concerning her post-service activities. Therefore, the 
applicant’s request is not favorably considered. 

 

_________________________________________________________________ 

 


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-2009-00952: 

 

 Exhibit A. DD Form 149, dated 22 Feb 09, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 28 Apr 09. 

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

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

 

 

 

 

 

 Panel Chair