RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01421 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge was inequitable because he was not given the same 
punishment as other airmen. One was given a general discharge, 
while another was returned to duty after being punished. He was 
never offered any help with his addiction. He was a young man 
and made mistakes and has learned from them. Now he is a better 
man. He is getting old and does not want to die with a BCD on 
his record. 

 

In support of his appeal, the applicant provides a letter of 
appreciation, Bible Study Certificate, and his business flyer. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 13 Feb 87, the applicant contracted his initial enlistment in 
the Regular Air Force. He served as a Fire Protection 
Specialist. 

 

On 11 Jul 89, the applicant was tried by general court-martial 
for wrongful use of cocaine and marijuana. He pled guilty to the 
charge and specifications and was sentenced to a BCD, 
confinement, forfeiture of pay and a reduction in rank to the 
grade of airman basic. On 22 Jan 90, the convening authority 
approved the sentence as adjudged. 

 


On 6 Sep 89, the Air Force Court of Military Review found the 
findings and sentence correct in law and fact. The applicant 
waived his right to appeal to the United States Court of Military 
Appeals. The applicant’s BCD was ordered executed on 22 Jan 90. 

 

On 5 Feb 90, the applicant was furnished a BCD and was credited 
with 2 years, 11 months, and 23 days of active service. He had 4 
months and 28 days of lost time. 

 

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

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial, indicating the applicant's case was 
conducted properly and in accordance with the rules and 
procedures of courts-martial. His rights during the trial and 
appeal were thoroughly observed. The applicant has not 
identified any errors or injustices related to his prosecution or 
sentence. The applicant voluntarily pled guilty to the charge 
and specifications. The military judge weighed all the evidence 
and found the applicant guilty of two specifications and not 
guilty of the use of marijuana. However, after accepting the 
applicant’s guilty plea, the court received and considered 
evidence regarding the applicant’s admission of smoking cocaine 
in his off-base home. The court imposed an appropriate 
punishment for the offenses committed. 

 

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 a general court-
martial. 

 

The complete AFLOA/JAJM evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 


APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 8 Jul 11, for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit E). 

 

A copy of the FBI Investigative Report and a request for post-
service information was forwarded to the applicant on 18 Oct 11 
for review and comment within 30 days. As of this date, no 
response has been received by this office (Exhibit F). 

 

_________________________________________________________________ 

 

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 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 find no evidence which indicates the applicant’s service 
characterization, which had its basis in his court-martial 
conviction 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 court-martial 
conviction which precipitated the discharge, and the seriousness 
of the offenses to which convicted. Based on the evidence of 
record, we cannot conclude that clemency is warranted. 
Therefore, we find no basis upon which to favorably consider this 
application. 

 

_________________________________________________________________ 

 

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. 

 

_________________________________________________________________ 

 


The following members of the Board considered AFBCMR Docket Number 
BC-2011-01421 in Executive Session on 6 Dec 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 27 Mar 11, w/atchs. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. FBI Investigative Report. 

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

 Exhibit E. Letter, SAF/MRBR, dated 8 Jul 11. 

 Exhibit F. Letter, AFBCMR, dated 18 Oct 11, w/atch. 

 

 

 

 

 

 Panel Chair