RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01484 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His bad conduct discharge (BCD) be upgraded. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He suffered from Post Traumatic Stress Disorder (PTSD) while he 
served on active duty and his overall service was good. His 
discharge characterization should be changed to reflect the 
conduct of his actual service. He completed a Sex Offenders 
Education and Treatment Program. He was not provided medical 
treatment prior to his discharge. 

 

In support of the appeal, the applicant provides copies of a 
personal statement, Treatment Summary/Discharge Plan, five 
certificates of completion, DD Form 293, Application for the 
Review of Discharge from the Armed Forces of the United States, 
and a copy of his DD 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 enlisted in the Regular Air Force as an airman 
basic on 19 Jul 85 for an initial term of four years. On 
13 Oct 87, he was tried by a Special Court-Martial with three 
specifications of communicating indecent language to three 
separate individuals, in violation of Article 134, Uniform Code 
of Military Justice (UCMJ). 

 


The applicant pled guilty to the charge and specifications. The 
military judge found the applicant guilty and sentenced him to a 
BCD, forfeiture of $300.00 pay per month for three months, 
confinement for three months, and reduction to the grade of 
airman basic. On 27 Nov 87, the convening authority approved the 
findings and sentence as adjudged. 

 

On 12 Jan 88, the Air Force Court of Military Review affirmed the 
findings and sentence. A petition to the United States Court of 
Military Appeals for review of the applicant’s case was not 
submitted, making the findings and sentence final and conclusive 
under the UCMJ. On 22 Jul 88, the applicant was furnished a BCD 
and was credited with 10 years, 3 months, and 11 days of total 
active service. 

 

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

 

On 21 Jul 11, a copy of the FBI report and a request for post-
service documentation to support his request was provided to the 
applicant for review and comment within 30 days (Exhibit F). 

 

In response the applicant states that he served honorably prior 
to his misconduct. He admits to the crimes that he committed and 
admits that he was sexually assaulted as a child and believes his 
own molestation is the cause of his sexual deviation. He asks 
the Board to please consider clemency and mercy of his request 
(Exhibit G). 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial. The applicant has not identified 
an error or injustice related to his prosecution or the sentence. 
He pled guilty at trial to the charge and specifications. On the 
court’s acceptance of his plea, it reviewed evidence in 
aggravation, as well as in extenuation and mitigation, prior to 
the applicant’s sentence for the crimes committed. The applicant 
made an unsworn statement in his own behalf and the defense 
introduced evidence in support of leniency for the applicant. 
The imposed sentence was below the maximum possible sentence of a 
BCM, confinement for six months, 2/3 pay per month for six months 
and reduction to the grade of airman basic. 

 


While clemency may be granted under 10 U.S.C. 15529(f)(2), the 
applicant has not provided sufficient justification for his 
request and clemency is not warranted in this case. The 
inclusion of a BCD in the applicant’s sentence was well within 
the legal limits and was part of an appropriate punishment for 
the offense committed. The applicant provided a letter 
explaining how he believes his service was honorable and his 
medical issues were not adequately addressed by the Air Force. 
He also indicates that he is currently incarcerated and has 
completed sex offender counseling and treatment. He did not 
indicate the reason for his incarceration, but it appears to have 
been a lengthy stay or multiple stays in prison, since he 
provided certificates showing participation in the program in 
2001, 2002 and 2009. The last certificate is dated 24 Feb 09, 
indicates completion of a one year program of sex offender 
education and treatment. In consideration of these facts, 
clemency from the Board is not appropriate. 

 

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 their 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. This makes sense if the 
benefit program is to have any real value. It would be offensive 
to all those who served honorably to extend the same benefits to 
someone who committed a crime such as the applicant’s while on 
active duty. 

 

The complete AFLOA/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 24 Jun 11 for review and comment within 30 days. As of this 
date, no response has been received by this office (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 an error or injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of AFLOA/JAJM and adopt its rationale as the basis 
for our conclusion the applicant has not been the victim of an 
error or injustice. We find no evidence which indicates the 
applicant’s BCD, which had its basis in his conviction by a 
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 UCMJ. While we are precluded by law from 
reversing a court-martial conviction, we are authorized to 
correct the records to reflect actions taken by reviewing 
officials and to take action on the sentence of a military court 
based on clemency. We considered upgrading the discharge based 
on clemency; however, we are not inclined to recommend upgrading 
his discharge on this basis at this time. In view of the 
foregoing, and in the absence of sufficient evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in 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-2011-01484 in Executive Session on 15 Dec 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-01484 was considered: 

 

 Exhibit A. DD Form 149, dated 5 Apr 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFLOA/JAJM, dated 15 Jun 11. 

 Exhibit E. Letter, SAF/MRBR, dated 24 Jun 11. 

 Exhibit F. Letter, AFBCMR, dated 18 Jul 11, w/atchs. 

 Exhibit G. Letter, Applicant, dated 15 Aug 11. 

 

 

 

 

 

 Panel Chair