RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02459 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has felt nothing but remorse for his actions while serving in 
the Air Force. Since being discharged, he has been a positive 
and contributing member of his community. He was young, stupid, 
impressionable, and followed orders whether they were right or 
wrong. He accepts full responsibility for his actions. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, excerpts from his official military records, and copies of 
letters of support. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 9 Jul 80. 
He met a special court-martial and was found guilty of larceny. 
The applicant received a bad conduct discharge on 31 Oct 83. He 
served 3 years and 17 days on active duty. 

 

Pursuant to the Board's request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, was unable to identify 
an arrest record on the basis of information furnished. 

 

_________________________________________________________________ 

 

 

 

 

 

 

AIR FORCE EVALUATION: 


 

AFLOA/JAJM recommends denial. The applicant was afforded all of 
the procedural rights offered by the court-martial and appellate 
process. JAJM was unable to examine the trial record and there 
is no record of the case in the Air Force Automated Military 
Justice Analysis and Management System (AMJAMS); however, there 
was no evidence of error or injustice in the process of his case. 
Although the applicant presents a strong case for which he takes 
full responsibility for his actions, and provides nine separate 
letters of support and references accumulated over the course of 
11 years, a grant of clemency is not appropriate in this case. 
To overturn the applicant’s punishment now would require the 
Board to substitute its judgment for that rendered by the court 
and the convening authority over 28 years ago when the facts and 
circumstances were fresh. Additionally, while clemency may be 
granted under 10 U.S.C. 1552(f)(2), it would be unfair to those 
individuals who honorably served their country while in uniform. 

 

The complete AFLOA/JAJM evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant responds by reiterating his original contentions; 
however, he points out that he was never advised of his rights. 
Additionally, he made full restitution with the people he stole 
from; he sent letters of apology prior to his trial. His court-
martial took place at RAF Bentwaters not Lowery [sic] AFB and he 
received a special court-martial not general, as stated in the 
AFLOA/JAJM letter. His attorney at the time advised him to plead 
guilty in order to receive a special court-martial; otherwise, he 
would have received a general court-martial where the punishment 
could have been a lot more severe. 

 

He deeply regrets his poor judgment in this matter. As mentioned 
before, he has paid full restitution and apologized to the people 
he took from. He is not requesting an upgrade to his discharge 
in order to receive Department of Veterans Affairs (DVA) 
benefits, but wants to clear his name and does not feel the 
punishment fit the crime. 

 

The applicant’s complete submission is at Exhibit D. 

 

_________________________________________________________________ 

 

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 this 
Board is without authority to reverse, set aside, or otherwise 
expunge a court-martial conviction. Rather, in accordance with 
10 USC 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 conviction 
by special 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). In 
addition, we have considered the applicant's letters of support 
and references; however, we are not persuaded that the 
characterization of his discharge warrants an upgrade to general 
(under honorable conditions) on the basis of clemency. In view 
of the foregoing, we agree with the opinion and recommendation of 
the Military Justice Division and adopt the rationale expressed 
as the basis for our decision that the applicant has failed to 
sustain his burden of proof of the existence of either an error 
or an injustice. Therefore, based on the evidence of record, we 
find no basis to recommend granting the relief sought in 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 AFBCMR Docket 
Number BC-2011-02459 in Executive Session on 12 Jan 12, under the 
provisions of AFI 36-2603: 

 

 , Vice Chair 

 , Member 

 , Member 

 

 

 

 

 

 


The following documentary evidence for Docket Number BC-2011 was 
considered: 

 

 Exhibit A. DD Form 149, dated 21 Jun 11, w/atchs. 

 Exhibit B. Letter, AFLOA/JAJM, dated 27 Sep 11. 

 Exhibit C. Letter, SAF/MRBR, dated 5 Oct 11. 

 Exhibit D. Letter, Department of Veterans Affairs, undated. 

 

 

 

 

 

 Vice Chair