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AF | BCMR | CY2010 | BC 2010 02664
Original file (BC 2010 02664.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02664 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Bad Conduct Discharge (BCD) be upgraded to general (under 
honorable conditions) and his narrative reason for separation be 
changed. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His punishment was too harsh for his first offense and his 
defense counsel was ineffective. His BCD has limited his post-
military employment opportunities, including his ability to 
reenlist in other military services. He made a bad decision in 
stealing the televisions, but he did so in order to get enough 
money to visit his hospitalized mother. 

 

In support of his appeal, the applicant provides copies of a 
Department of Veteran Affairs (DVA) statement in support of his 
claim; his DD Form 214, Certificate of Release or Discharge from 
Active Duty; a request for clemency; and a request for voluntary 
entry into the Return to Duty Program (RTDP). 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 3 February 2004 in the grade of airman 
basic (E-1) and was promoted to the grade of airman first class 
(E-3) effective 6 August 2004. 

 

On 11 July 2005, the applicant was tried at a special court-
martial for larceny of military property, in violation of Article 
121, Uniform Code of Military Justice (UCMJ) for stealing six 
television sets from base lodging and selling them to a pawnshop. 
The applicant pled guilty to the charge and specification and was 
sentenced to a BCD, confinement for five months, and reduction to 
the grade of airman basic. On 8 September 2005, the convening 
authority approved the findings and sentence as adjudged but 
directed that any mandatory forfeitures of pay be made to the 
applicant’s wife. On 16 June 2006, the Air Force Court of 


Criminal Appeals found the findings and sentence correct in law 
and fact. On 27 September 2006, the United States Court of 
Appeals for the Armed Forces declined to review the applicant’s 
case, making his conviction and sentence final under the UCMJ. 

 

The applicant was discharged effective 29 November 2006 with a 
BCD and a narrative reason for separation of “Court-Martial 
(Other).” He served two years, ten months, and nine days on 
active duty. 

 

On 16 July 2009, the Air Force Discharge Review Board (AFDRB) 
considered and denied the applicant’s request to upgrade his 
discharge, to change the reason and authority for discharge, and 
to change his reenlistment eligibility code. 

 

_________________________________________________________________ 

 

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 find no 
evidence which indicates the applicant’s service 
characterization, which had its basis in his conviction by 
special court-martial 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 
special court-martial conviction which precipitated the 
discharge, and the seriousness of the offenses of which 
convicted, e.g., larceny of government property. Based on the 
evidence of record, we are not persuaded that the 
characterization of his discharge warrants an upgrade to general 
on the basis of clemency. In view of the above, we conclude that 
no basis exists to grant favorable action on his request 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing 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 AFBCMR Docket 
Number BC-2010-02664 in Executive Session on 7 April 2011, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-02664: 

 

Exhibit A. DD Forms 149, dated 6 Oct 10, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

 

 

Panel Chair

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