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AF | BCMR | CY2010 | BC-2010-00715
Original file (BC-2010-00715.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00715 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Bad Conduct Discharge (BCD) be upgraded to Honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His BCD should be upgraded due to the time elapsed since his 
discharge. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 3 Jul 78 as an airman basic (E-1) 
for a period of four years and was progressively promoted to the 
grade of sergeant (E-4), effective and with a date of rank of 
1 Mar 82. 

 

On 30 Apr 84, the applicant pled guilty at a general court-
martial to multiple violations of Article 134 of the Uniform 
Code of Military Justice, including wrongful use, possession, 
and distribution of marijuana and methamphetamine; unlawful 
receipt of stolen property; and conspiracy to introduce 
marijuana on to a military installation. He was sentenced to a 
reduction in grade to airman basic (E-1), confinement at hard 
labor for 15 months, forfeiture of $397.00 per month for 
15 months, and a BCD. 

 

On 12 Feb 86, the applicant was furnished a BCD and was credited 
with 6 years, 1 month, and 17 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. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is attached at Exhibit D. 


 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial, indicating there is no evidence of 
an error or injustice in the process of the applicant’s court-
martial or appeal. To overturn this punishment now would 
require the Board to substitute its judgment for that rendered 
by the court and the convening authority 26 years ago when the 
facts and circumstances were fresh. An upgrade based on 
clemency is also inappropriate as the applicant has not provided 
any support to the idea that he has been rehabilitated since the 
time of his court-martial. 

 

A complete copy of the AFLOA/JAJM evaluation is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to applicant on 
4 Jun 10 for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit E). 

 

A copy of the FBI Report of Investigation and a request for 
post-service information was forwarded to applicant on 2 Aug 10 
for review and comment within 30 days. In response, the 
applicant provides an expanded statement and copies of seven 
letters of support for his request (Exhibit G). 

 

________________________________________________________________ 

 

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 took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice. We 
find no evidence which indicates the applicant’s BCD, which had 
its basis in his conviction by general 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 UCMJ. Furthermore, 
because of the lack of documentation concerning his activities 


since leaving the service, we are not inclined to recommend 
upgrading his discharge based on clemency at this time. In view 
of the forgoing, and in the absence of sufficient evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

________________________________________________________________ 

 

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-2010-00715 in Executive Session on 23 Sep 10, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 18 Feb 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFLOA/JAJM, dated 19 May 10. 

 Exhibit E. Letter, SAF/MRBR, dated 4 Jun 10. 

 Exhibit F. Letter, AFBCMR, dated 2 Aug 10, w/atch. 

 Exhibit G. Letter, Applicant, dated 31 Aug 10, w/atchs. 

 

 

 

 

 

 Panel Chair 



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