RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03648 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His bad conduct discharge (BCD) be upgraded to honorable. 

 

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APPLICANT CONTENDS THAT: 

 

His BCD has closed a lot of doors, specifically, in terms of 
employment and he still feels he can be productive in the 
civilian work force. 

 

He has learned from his mistakes and addressed the issue as to 
why he was discharged. He has gone through recovery and is 
practicing a 12-Step program. He feels good about himself and 
can say that he will remain sober. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letters prepared by the appropriate offices of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, provided an 
investigative report which is attached at Exhibit C. 

 

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AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial with respect to the request for 
upgrade from a BCD to honorable. The record reveals the 
applicant, while serving as a staff sergeant, was tried at a 
Special Court-Martial. He was charged with one specification of 
wrongful use of cocaine, in violation of Article 112a, of the 
Uniform Code of Military Justice (UCMJ). The applicant pled 
guilty to the charge and specification, the military judge 
accepted the applicant’s plea and he was found guilty of the 
charge. He was sentenced to a BCD, confinement for two months, 
forfeiture of $438.00 pay per month for two months, and 
reduction to the grade of airman basic. The findings and 
sentence was adjudged on 12 Feb 87. On 22 May 98 the Air Force 
Court of Military Review affirmed the findings and sentence. On 
7 Oct 87, the applicant’s discharge was ordered and executed. 

 

The applicant was afforded all of the procedural rights offered 
by the court-martial and appellate process. Before accepting 
the applicant’s guilty plea, the military judge ensured the 
applicant understood the meaning and effect of his plea and the 
maximum punishment that could be imposed if his guilty plea was 
accepted by the court. The military judge explained the 
elements and definitions of the offenses which the applicant 
pled guilty, and the applicant explained in his own words why he 
believed he was guilty. 

 

Additionally, after trial, the applicant had a chance to present 
a request for clemency to the convening authority before final 
action on the case. Since the applicant received a punitive 
discharge, his case was automatically referred to the Air Force 
Court of Military Review. After his findings and sentence was 
affirmed, he had 60 days from the date of notice to petition the 
United States Court of Military Appeals; however, he failed to 
do so. There is no error or injustice in the process of the 
applicant’s court-martial or appeal. 

 

The complete AFLOA/JAJM evaluation is at Exhibit D. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

In his statement, the applicant provides a summary of events and 
accomplishments which took place during his career. In 
addition, he noted the circumstances surrounding the incidents 
listed in the FBI report and his life since leaving the service, 
and provides the specific reasons surrounding his dealings with 
alcohol abuse and being HIV positive. 

 


In support of his appeal, he provides a personal statement, 
certificates of accomplishment and training, letters of support 
and recommendation, and letters from his civilian medical 
professionals. 

 

The applicant complete response, with attachments, 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 injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case. The evidence of record reflects the 
applicant was convicted by special court-martial for one 
specification of wrongful use of cocaine resulting in a bad 
conduct discharge. No evidence has been presented which would 
lead us to believe that the applicant’s service characterization 
was improper. The applicant provided a personal statement and 
character references in support of his appeal to have his 
discharge upgraded based on clemency. However, while we commend 
the applicant on his many accomplishments, when considering his 
overall record of service, the seriousness of the offenses which 
led to his administrative separation, and the FBI Report of 
Investigation, we are not persuaded that an upgrade of the 
characterization of his discharge is warranted at this time. 
Therefore, in the absence of evidence to the contrary, we find 
no basis upon which to recommend granting the relief sought. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2010-03648 in Executive Session on 2 August 2011, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 29 Sep 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation. 

 Exhibit D. Letter, AFLOA/JAJM, dated 23 Nov 10. 

 Exhibit E. Letter, SAF/MRBR, dated 9 Dec 10. 

 Exhibit F. Letter, AFBCMR, dated 8 Jul 11. 

 Exhibit G. Letter, Applicant, dated 14 Jul 11, w/atchs. 

 

 

 

 

 Panel Chair