RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01383 

 INDEX CODE: 110.00 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His bad conduct discharge (BCD) be upgraded to a general 
discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has after 25 years, proven to himself and those around him, 
that he is a much better person than the young man that made 
those mistakes so long ago. He wants his discharge upgraded in 
order to seek employment with the government. He also needs his 
discharge upgraded to receive benefits from the Department of 
Veterans Affairs (DVA). 

 

In support of his appeal, the applicant provides a personal 
statement, a copy of his DD Form 214, Certificate of Release or 
Discharge From Active Duty, his National Archives and Records 
Administration (NA 13038) Certification of Military Service, his 
DD Form 293, Application for the Review of Discharge from the 
Armed Forces of the United States, and one character reference. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 31 Mar 80, the applicant contracted his initial enlistment in 
the Regular Air Force. On 30 Mar 84, he reenlisted in the Air 
Force and as served as an Avionics Navigation Systems Specialist. 

 

The applicant was tried by general court-martial on 19 Jun 85 for 
using marijuana and dereliction of duty for failing to report 
drug use by other military members. He pled guilty to the 
charges and specifications and sentenced to a BCD, confinement, 
forfeiture of pay and a reduction in rank to the grade of airman 
basic. On 30 Jul 85, the convening authority approved the 
sentence as adjudged. 

 


On 6 Dec 85, the Air Force Court of Criminal Appeals affirmed the 
findings and sentence. On 26 Jun 85, the United States Court of 
Military Appeals for the Armed Forces set aside his conviction 
for dereliction of duty but upheld his conviction for using 
marijuana. On 30 Oct 86, the convening authority ordered the BCD 
be executed. 

 

He was discharged on 26 Nov 86. He served 6 years, 4 months and 
17 days of 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. 

 

On 2 Nov 10, a copy of the Investigative Report was forwarded to 
the applicant along with a request for post-service documentation 
for review and comment within 30 days (Exhibit D). As of this 
date, no response has been received by this office. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial. JAJM notes the applicant's case 
was conducted properly and in accordance to the rules and 
procedures of courts-martial. His rights during the trial and 
appeal were thoroughly observed. The court received and 
considered evidence regarding the charge of dereliction of duty 
and determined the dereliction of duty would not be considered in 
determining the appropriate sentence for the offense committed. 
The imposed sentence was well within the legal limits and was an 
appropriate punishment for the offense committed. 

 

The fact that the applicant contends that he cannot obtain 
government employment due to his BCD does not erase his past 
criminal conduct, nor does it make his BCD any less appropriate 
for the offense he committed. While the applicant’s post-
discharge efforts to improve himself and obtain steady employment 
are laudable, they do not justify clemency. To overturn this 
punishment now would require the Board to substitute its judgment 
for that rendered by those at that time when the facts and 
circumstances of the situation were fresh. His BCD was and 
continues to be part of a proper sentence and properly reflects 
his service. 

 

Additionally, to grant clemency in this case would be unfair to 
those individuals who honorably served their country while in 
uniform. Congress' intent in setting up the Veterans Benefits 
Program was to express thanks for veterans' personal sacrifices, 
separations from family, facing hostile enemy action and 
suffering financial hardships. All rights of a veteran under the 


laws administered by the Secretary of Veterans Affairs are barred 
where the veteran was discharged or dismissed by reason of 
sentence of general court-martial. 

 

The AFLOA/JAJM complete evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states in 1992, he was arrested for a misdemeanor 
driving while under the influence. He fulfilled all his Court 
ordered requirements. He entered a private inpatient alcohol 
treatment facility and is living a sober life. He is unemployed 
and fills his life by helping his parents and other elderly 
people in the community. The appreciation he gets from this 
keeps his heart full and away from the selfish destructive ways 
of his past. Employment in his area is terribly slow and 
upgrading his discharge would allow him the opportunity to apply 
for work with the government which would provide him another 
chance to work in his trade, get off unemployment and be a 
productive taxpaying member of society. Although, he feels he is 
not entitled to a discharge upgrade; he hopes consideration for 
an upgrade based on that he is a better person and it has been 24 
years since his discharge. 

 

The applicant’s complete response is at 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 an injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and the 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion that the 
applicant has failed to sustain his burden of proof of the 
existence of an error or injustice. Therefore, in the absence of 
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-2010-01383 in Executive Session on 7 Dec 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 4 Mar 10, w/atchs. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. FBI Investigative Report. 

 Exhibit D. Letter, AFLOA/JAJM, dated 21 Sep 10. 

 Exhibit E. Letter, SAF/MRBR, dated 1 Oct 10. 

 Exhibit F. Letter, AFBCMR, dated 2 Nov 10, w/atchs. 

 Exhibit G. Letter, Applicant, dated 23 Nov 10. 

 

 

 

 

 

 Panel Chair