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. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He is not a career criminal, just an individual who made a big 
mistake. His punishment was too harsh and inequitable based on 
one isolated incident. He would like his discharge upgraded so 
he could pursue a civil service career and perhaps even finish 
his military career in the Air Force Reserve or Air National 
Guard. Since his discharge, he has been a productive member of 
society with a clean record. He is just trying to make something 
of himself and provide a good life for his son. 

 

In support of his appeal, the applicant provides a personal 
statement and a copy of his DD Form 214, Certificate of Release 
or Discharge from Active Duty. 

 

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 14 March 1984 in the grade of airman basic 
(E-1) and was progressively promoted to the grade of staff 
sergeant (E-5) effective 1 October 1990. 

 

On 1 August 1995, the applicant was tried at a special court-
martial for one specification of wrongful use of a controlled 
substance on divers occasions, in violation of Article 112a, 
Uniform Code of Military Justice (UCMJ). Pursuant to a pretrial 
agreement, he pled guilty to the charge and specification and was 
sentenced to a BCD, confinement for 30 days, forfeiture of $500 
pay, and reduction to the grade of airman basic. On 13 September 
1995, the convening authority approved the sentence. On 15 March 


1996, the Air Force Court of Criminal Appeals affirmed the 
findings of the applicant’s court-martial, but found the staff 
judge advocate’s recommendation did not state that the convening 
authority must consider the matters the appellant submitted. 
Consequently the court disapproved the forfeiture in its 
entirety, but approved the BCD, 30 days confinement, and 
reduction to airman basic. The applicant petitioned the United 
States Court of Appeals for the Armed Forces for review of his 
conviction, but his request was denied on 5 September 1996, 
making the findings and sentence in his case final and conclusive 
under the UCMJ. As a result, the applicant’s discharge was 
executed on 5 September 1996. 

 

The applicant was discharged effective 9 September 1996 with a 
BCD. He served 12 years, 5 months, and 26 days on active duty. 

 

On 14 November 1997, the Air Force Discharge Review Board (AFDRB) 
considered and denied the applicant’s request to upgrade his 
discharge to honorable. 

 

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AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial. 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. 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 
court-martial conviction that occurred on or after 5 May 1950 
(the effective date of the UCMJ). 

 

It is JAJM’s opinion that while clemency may be granted under 
Title 10 USC Section 1552 (f)(2), the applicant has provided very 
little justification for his request, and clemency is not 
warranted in this case. The applicant’s has not identified any 
error or injustice related to his prosecution or the sentence. 
His sentence to a BCD, confinement for 30 days, and reduction in 
grade to airman basic was well within the legal limits and was an 
appropriate punishment for the offenses committed. The mere fact 
the applicant says that he feels his BCD is too harsh does not 
erase his past criminal conduct, does not make his BCD any less 
appropriate for the offenses he committed, and certainly does not 
weigh in favor of Board action now to undo that part of the 
punishment. 


 

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 18 February 2011 for review and comment within 30 days 
(Exhibit D). 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 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 offense of which convicted, 
e.g., wrongful use of a controlled substance. Based on the 
evidence of record, we are not persuaded that the 
characterization of his discharge warrants an upgrade to 
honorable on the basis of clemency. In view of the above, we 
conclude that no basis exists to grant favorable action on his 
request. 

 

________________________________________________________________ 

 

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-2010-03365 in Executive Session on 16 June 2011, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-03365 was considered: 

 

Exhibit A. DD Form 149, dated 8 Sep 10, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFLOA/JAJM, dated 6 Jan 11. 

Exhibit D. Letter, SAF/MRBC, dated 1 Feb 11. 

 

 

 

 

 

 Panel Chair