RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04272 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was turned down for a job due to his discharge status. He lost 
his job at the bank after 21 years and needs to support his 
family. 

 

In support of his request, the applicant provides copies of post 
service letters. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 18 November 1974, the applicant enlisted in the Air Force and 
was progressively promoted to the grade of staff sergeant. 

 

On 18 July 1984, he was tried by general court-martial for 
wrongful use of marijuana in violation of Article 134, Uniform 
Code of Military Justice (UCMJ) and making a false official 
statement in violation of Article 107, UCMJ. He was sentenced to 
a BCD, confinement for one month, forfeiture of $397.00 pay per 
month for one month and reduction to the grade of airman basic. 

 

On 30 October 1984, the convening authority approved the sentence 
that provided for a BCD; however, disapproved the finding of 
guilty for the Specification of Charge II of making a false 
official statement. On 16 Feb 90, the Air Force Court of Criminal 
Appeals affirmed the findings and sentence in the case. On 
23 May 1986, after the appellate review was complete, the 
applicant was discharged with a BCD. He was credited with 
9 years, 1 month and 6 days of total 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 19 January 2011, 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 reviewed this application and recommends denial based 
on the application being untimely. JAJM states the alleged 
injustice was discovered over 24 years ago. There has been an 
unexplained delay of over 21 years beyond the three-year 
limitation provided by Title 10, USC, Section 1552(b). The 
applicant provided no excuse or reason for the delay. 

 

JAJM states the applicant has identified no error or injustice 
related to the actions taken by the reviewing authority. 

 

While clemency may be granted under Title 10, USC, Section 
1552(f)(2), the applicant provides no justification for his 
request. The sentence was within the legal limits and was an 
appropriate punishment for the offense committed. 

 

The complete JAJM evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 10 December 2010, 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. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved. Therefore, the request for a hearing 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-2010-04272 in Executive Session on 12 July 2011, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

 

 

 

 

 

 

 

 

 

 

 


The following documentary evidence pertaining to Docket Number 
BC-2010-04272 was considered: 

 

 Exhibit A. DD Form 149, dated 12 Oct 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 15 Dec 10. 

 Exhibit D. Letter, AFLOA/JAJM, undated. 

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

 Exhibit F. Letter, AFBCMR, dated 19 Jan 11, w/atchs. 

 

 

 

 Panel Chair