Search Decisions

Decision Text

AF | BCMR | CY2010 | BC-2010-01039
Original file (BC-2010-01039.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01039 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His court-martial conviction be expunged from his records. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

After the Air Force Discharge Review Board (AFDRB) upgraded his 
discharge in 1969, all records pertaining to his court-martial 
should have been expunged. The records should be expunged in 
accordance with the AFDRB directive. 

 

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, SF 180, Request Pertaining to Military Records, AF Form 
1226, Record of Previous Convictions and Time Lost, and DD Form 
553, Absentee wanted by the Armed Forces; letters from a lawyer, 
the National Personnel Records Center and the Board of Review 
Decision. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Air Force on 30 November 1960 and was 
promoted to the grade of airman second class. 

 

Beginning in August 1962, the applicant was absent without leave 
(AWOL) on four separate occasions for a total of 27 days. On 
20 November 1962, the applicant was tried by Special Court-
Martial and charged with three specifications of AWOL in 
violation of Article 86, Uniform Code of Military Justice (UCMJ). 
The applicant pled guilty to the offenses. The court sentenced 
the applicant to a bad conduct discharge. On 9 January 1963, the 
convening authority approved the findings and sentence as 
adjudged. A judge advocate reviewed the applicant’s conviction 
and found no legal or factual errors. On 26 December 1962, the 
Air Force Board of Review affirmed the conviction and sentence. 

On 12 May 1969, the applicant applied for an upgrade of his 
discharge through the AFDRB. On 11 August 1969, the applicant 
appeared before the AFDRB and explained under oath that he had 


purposely gone AWOL to force the Air Force to separate him. He 
informed the AFDRB that he was 18 years old during the time of 
the misconduct, experienced marriage and financial problems and 
no longer wanted to remain in service. He remarried in 1967 and 
had a successful post-conviction work history as a private pilot. 
On 15 August 1969, the AFDBR recommended the applicant’s 
discharge be upgraded to an honorable. On 28 August 1969, the 
Secretary of the Air Force directed the applicant’s discharge be 
upgraded to honorable. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial. JAJM states the applicant has not 
provided any evidence the AFDRB ordered his records to be 
expunge. He also does not deny having been AWOL in the fall of 
1962 or claim any error related to the conviction itself. 

 

Under 10 U.S.C, section 1552(f), which amended the basic 
corrections board legislation, the Board’s ability to correct 
records related to court-martial, is limited. Specifically, 
section 1552(f)(1) permits the correction of a record to reflect 
actions taken by a reviewing authority 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 Board is without authority to reverse, set aside, or 
otherwise expunge a court-martial conviction that occurred on or 
after 5 May 1950. 

 

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 28 May 2010, for review and comment within 30 days. As of 
this date, this office has received no response (Exhibit D). 

 

_________________________________________________________________ 

 

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 that would 
warrant favorable consideration of the applicant's stated 


request. As noted by AFLOA/JAJM, the Board is without authority 
to reverse, set aside, or otherwise expunge a court-martial 
conviction that occurred on or after 5 May 1950. Therefore, we 
agree with AFLOA/JAJM and adopt its rationale as the basis for 
our conclusion that the applicant has not been the victim of an 
error or injustice regarding his court-martial. Based on the 
above, we find no evidence of error or injustice; 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 Docket Number BC-
2010-01039 in Executive Session on 15 July 2010, under the 
provisions of AFI 36-2603: 

 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 7 Mar 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 28 Apr 10. 

 Exhibit D. Letter, SAF/MRBR, dated 28 May 10. 

 

 

 

 

 

 Panel Chair 

 



Similar Decisions

  • AF | BCMR | CY2010 | BC-2010-03365

    Original file (BC-2010-03365.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03365 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to an honorable discharge. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 14 March...

  • AF | BCMR | CY2010 | BC-2010-04574

    Original file (BC-2010-04574.txt) Auto-classification: Denied

    A copy of the applicant’s complete submission is at Exhibit A. The Air Force Military Justice Division does not have a record of the actions against him in their Automated Military Justice Analysis and Management System. Exhibit B.

  • AF | BCMR | CY2014 | BC 2014 01738

    Original file (BC 2014 01738 .txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01738 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to at least a general (under honorable conditions) discharge. The military judge sentenced the applicant to a BCD, which the applicant requested. We find no evidence which indicates the applicant’s service characterization, which had its basis in his court- martial...

  • AF | BCMR | CY2011 | BC-2010-02418

    Original file (BC-2010-02418.docx) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS We find no evidence which indicates the applicant’s service characterization, which had its basis in his court-martial conviction 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). Exhibit D. Letter, SAF/MRBR, dated 23 Dec 10.

  • AF | BCMR | CY2013 | BC 2013 00735

    Original file (BC 2013 00735.txt) Auto-classification: Denied

    Specifically, section 1552 (f) (1) permits the correction of a record to reflect actions taken by a reviewing authority under the UCMJ. We find no evidence which indicates that 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). ...

  • AF | BCMR | CY2005 | BC-2006-01627

    Original file (BC-2006-01627.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01627 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NOT INDICATED MANDATORY CASE COMPLETION DATE: 29 November 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded. He was sentenced to a bad conduct discharge, forfeiture of all pay and allowances, and confinement for two years. Specifically,...

  • AF | BCMR | CY2013 | BC 2013 02617

    Original file (BC 2013 02617.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02617 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded. The applicant’s sentence to a BCD was within legal limits. Exhibit E. Letter, BCMR, dated 23 Jan 2014, w/atch.

  • AF | BCMR | CY2011 | BC-2011-05090

    Original file (BC-2011-05090.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-05090 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to Honorable. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit...

  • AF | BCMR | CY2010 | BC-2010-02228

    Original file (BC-2010-02228.txt) Auto-classification: Denied

    JAJM indicates that under Title 10, United States Code (USC), Section 1552(f), which amended the basic corrections board legislation, the Air Force Board for Correction of Military Record’s (AFBCMR) ability to correct records related to courts- martial, is limited. Accordingly, they recommend the Board deny the applicant’s requested relief as untimely, but if the Board considers waiver of the time limitation appropriate, they recommend the Board deny the application on its merits. Exhibit...

  • AF | BCMR | CY2010 | BC-2010-01692

    Original file (BC-2010-01692.txt) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. JAJM indicates that under Title 10, United States Code (USC), Section 1552(f), which amended the basic corrections board legislation, the Air Force Board for Correction of Military Record’s (AFBCMR) ability to correct records related to courts- martial, is limited. ...