RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03826 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He received a BCD for a positive urinalysis for cocaine. These 
charges are drastic since he was not a violent person. 

 

He has not been able to receive benefits from the Department of 
Veterans Affairs (DVA) because of his BCD. He is seeking 
substance abuse treatment from the DVA and is being denied due to 
the characterization of his discharge. His drug problem started 
while in the Air Force. If his discharge is not upgraded, he 
will be kicked out of the homeless shelter. 

 

It has been 20 years since his discharge; he deserves the 
opportunity to receive benefits for his service in the Air Force. 

 

In support of his request, the applicant provides a personal 
statement. 

 

The applicant's complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Air Force on 7 Mar 86 and was 
progressively promoted to the grade of senior airman. 

 

On 20 Oct 89, he was tried by general court-martial for wrongful 
possession and use of cocaine, and wrongful use of marijuana in 
violation of Article 112a, Uniform Code of Military Justice 
(UCMJ). The applicant pled guilty to the charges and was 
sentenced to a BCD, confinement for ten months, and forfeiture of 
$350.00 pay per month for ten months. 

 

On 5 Dec 89, the convening authority approved the findings and 
approved only so much of the sentence that provided for a BCD, 
confinement for six months, and forfeiture of $350.00 pay per 


month for ten months. On 16 Feb 90, the Air Force Court of 
Criminal Appeals affirmed the findings and sentence in the case. 
On 16 Aug 90, after the appellate review was complete, the 
applicant was discharged with a BCD. He was credited with 
4 years and 22 days of active military service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is attached at Exhibit C. 

 

On 11 Apr 11, a copy of the FBI report was forwarded to the 
applicant for review and comment within 30 days. At the same 
time the applicant was offered an opportunity to provide 
information pertaining to his activities since leaving the 
service (Exhibit F). 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial based on the application being 
untimely and without merit. 

 

JAJM states the applicant has identified no error related to the 
processing of his court-martial. He alleges injustice in the 
sentence since he was not a violent person. A review of the 
limited information in the Air Force Automated Military Justice 
Analysis and Management System (AMJAMS) indicates no error in the 
processing of the court-martial. 

 

The applicant’s claim of an injustice does not hold up when 
examined in the context of the outcome of the court-martial. The 
applicant pled guilty to wrongful use and possession of 
controlled substances. A court-martial was warranted for such 
offenses and a sentence which included a BCD, six months 
confinement and forfeitures of pay for ten months was within the 
legal limits and appropriate to the offenses committed. 

 

While clemency may be granted, the applicant provides no 
information to support a grant of clemency by the Board. 

 

Additionally, 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’ Benefit Program was 
to express thanks to 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 the sentence of a 
general court-martial. It would be offensive to all those who 
served honorably to extend the same benefits to someone who 
committed crimes such as the applicant’s while on active duty. 

 

The complete JAJM evaluation is at Exhibit D. 


 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 18 Feb 11, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. To date, a 
response has not been received (Exhibit E). 

 

_________________________________________________________________ 

 

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 that 
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 also find no evidence which indicates the applicant’s service 
characterization, 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 Uniform Code of Military Justice (UCMJ). We 
have considered the applicant's overall quality of service, the 
general court-martial conviction which precipitated the 
discharge, and the seriousness of the offense to which convicted, 
and having found no error or injustice with regard to the actions 
that occurred while the applicant was a military member, we 
conclude that no basis exists to grant favorable action on his 
request. In addition, based on the evidence of record, we are 
not persuaded the characterization of the applicant’s discharge 
warrants an upgrade to general on the basis of clemency. 
Therefore, based on the available evidence of record, we find no 
basis upon which to favorably consider 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 Docket Number 
BC-2010-03826 in Executive Session on 24 May 11, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 6 Oct 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 29 Mar 11. 

 Exhibit D. Letter, AFLOA/JAJM, dated 28 Jan 11. 

 Exhibit E. Letter, SAF/MRBR, dated 18 Feb 11. 

 Exhibit F. Letter, AFBCMR, dated 11 Apr 11, w/atchs. 

 

 

 

 

 

 Panel Chair