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AF | BCMR | CY2011 | BC-2011-03514
Original file (BC-2011-03514.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03514 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His dishonorable discharge (DD) be upgraded to a honorable 
discharge. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has paid for his mistakes with prison time and a DD. He 
needs recognition of his good service prior to his court-
martial. He was acquitted of having sex with a female under the 
age of 16. He accepted responsibility for his mistakes by 
pleading guilty to the other charges. 

 

In support of his request, the applicant provides copies of 
excerpts from his military personnel records. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to the applicant’s military personnel records, he was 
furnished a DD on 19 Nov 86. 

 

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. 

 

A copy of the FBI Investigative Report and a request for post-
service information was forwarded to the applicant on 23 May 12 
(Exhibit F). As of this date, no response has been received by 
this office. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit D. 

 

________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial, indicating there is no evidence of 
an error or injustice. On 15 Nov 85, the applicant was tried at 
a general court-martial at Charleston Air Force Base for having 
sexual intercourse, committing sodomy, and raping a female under 
the age of 16 between 8 Mar 85 and 14 Apr 85. The applicant 
pled guilty to all of the charges and specifications. He was 
found guilty for the charges and specifications of having sexual 
intercourse and committing sodomy, the charge of rape was 
dismissed due to a pretrial agreement. He was sentenced to a 
DD, confinement for five years, forfeiture of all pay and 
allowances, and a reduction in rank to airman basic. On 
8 Apr 86, the Air Force Court of Military Review approved and 
affirmed the findings and sentence. On 18 Jul 86, the United 
States Court of Military Appeals denied the applicant’s petition 
for a review of his court-martial conviction; therefore, making 
the findings and sentence final and conclusive under the Uniform 
Code of Military Justice (UMCJ). His DD was executed on 13 Aug 
86. Prior to accepting the applicant’s guilty plea, the judge 
ensured he understood the meaning and effect of his plea and, 
the maximum punishment he could have received if his guilty plea 
was accepted by the court. In addition, the judge explained the 
elements and definitions of the offense and the applicant 
expressed why he believed he was guilty. After accepting the 
applicant’s guilty plea, the court received evidence in 
aggravation, as well as in extenuation and mitigation, prior to 
crafting an appropriate sentence for the crimes committed. 
While clemency in this case can be granted, it is not warranted 
as it would be unfair to those who honorably served their 
country while in uniform. 

 

A complete copy of the 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 22 Dec 11 for review and comment within 30 days 
(Exhibit E). As of this date, no response has been received by 
this office. 

 

________________________________________________________________ 

 

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). In 
addition, the applicant has not provided information on his 
post-service activities and accomplishments after being provided 
an opportunity to present such information to the Board. 
Therefore, 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-2011-03514 in Executive Session on 28 Jun 12, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-03514 was considered: 

 

 Exhibit A. DD Form 149, dated 29 Aug 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFLOA/JAJM, dated 16 Dec 11. 

 Exhibit E. Letter, SAF/MRBR, dated 22 Dec 11. 

 Exhibit F. Letter, AFBCMR, dated 23 May 12, w/atch. 

 

 

 

 

 

 Panel Chair 



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