RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03760 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

His bad conduct discharge (BCD) be upgraded and his records be 
expunged. 

 

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APPLICANT CONTENDS THAT: 

 

He served his time for being absent without leave (AWOL). He was 
led to believe that his discharge would be upgraded to general 
and his records would be expunged. It has been 40 years since 
his discharge and he has not been in any trouble with the law for 
a long time. He owns a small engine repair shop. He would like 
his discharge upgraded in order to be able to retrieve his pawned 
firearms. 

 

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

 

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STATEMENT OF FACTS: 

 

On 9 Apr 69, the applicant contracted his enlistment in the 
Regular Air Force. 

 

The applicant was tried and convicted by general court-martial on 
19 and 20 Apr 71 for desertion and missing a movement. He was 
sentenced to a BCD, seven months confinement, forfeiture of 
$75.00 of pay per month for four months, and a reduction in rank 
to the grade of airman basic (E-1). On 9 Jun 71, the convening 
authority approved the sentence as adjudged. On 28 Jun 71, the 
United States Court of Military Review affirmed the court-martial 
conviction. He did not appeal to the United States Court of 
Military Appeals, therefore making the findings and sentence of 
court-martial final. He was furnished a BCD on 31 Jul 00, and 
credited with 1 year, 4 months, and 15 days of active duty. 

 

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

 

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On 30 Nov 11, a copy of the FBI Investigative Report and a 
request for post-service information was forwarded to the 
applicant for review and comment within 30 days (Exhibit D). 

 

In response, the applicant indicates that he was doing fine prior 
to going AWOL, but found active duty to be a different 
experience. However, the military seemed to be racist because he 
was blamed by some of the African American people for almost 
anything that went wrong. Since leaving military service he has 
gotten married and has two children; worked with his father in-
law in landscape maintenance; and worked at several golf courses 
as an equipment mechanic. He also worked for a small engine 
repair shop. He started his own small engine shop and has done 
fairly well. He has been a good citizen and an asset to his 
community. He believes if he had stayed in the military he may 
not be the person that he is today. 

 

The applicant’s complete response, with attachments, is at 
Exhibit E. 

 

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AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial noting no error was found in the 
processing of the applicant’s court-martial. Although, the 
applicant pled not guilty at trial; the court determined guilt to 
his charges of desertion and missing a movement. The applicant 
elected to testify on his own behalf and admitted that he 
deserted from his unit prior to departing to his next assignment. 
He stated he decided that he was a conscientious objector and 
sought out advice on how to obtain conscientious objector status. 
Although, he had not yet claimed conscientious objector status, 
the applicant failed to report to his flight. He acknowledged 
that he knew he was in deserter status, but intended at some 
point to return to the Air Force after he was granted 
conscientious objector status. Based on this evidence, the 
military judge found him guilty of both charges. The court 
received evidence in aggravation, as well as in extenuation and 
mitigation, prior to crafting an appropriate sentence for the 
crimes committed. The military judge took all of these factors 
into consideration when imposing the applicant's sentence. 

 

The Rules for Courts-Martial states that a bad conduct discharge 
"is designed as punishment for bad-conduct." It also indicates 
that a bad conduct discharge is more than merely a service 
characterization; it is a punishment for the crimes the 
individual committed while a member of the armed forces. The 
applicant's sentence was within the legal limits and was an 
appropriate punishment for the offenses committed. A bad conduct 
discharge was and continues to be part of a proper sentence and 
properly characterizes 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 general court-martial. 

 

The AFLOA/JAJM complete evaluation is at Exhibit F. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 11 Jun 12, for review and comment within 30 days (Exhibit G). 
As of this date, no response has been received by this office. 

 

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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 find no evidence which indicates the applicant’s service 
characterization, which had its basis in her 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 in this 
case. Therefore, in the absence of evidence to the contrary, we 
find no compelling basis to recommend granting the relief sought 
in this application. 

 

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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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2011-03760 in Executive Session on 19 Jul 12, under the 
provisions of AFI 36-2603: 

 

 , Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 10 Sep 11, w/atchs. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. FBI Investigative Report. 

 Exhibit D. Letter, AFBCMR, dated 30 Nov 11, w/atch. 

 Exhibit E. Letter, Applicant, 26 Dec 11, w/atchs. 

 Exhibit F. Letter, AFLOA/JAJM, dated 20 May 12. 

 Exhibit G. Letter, AFBCMR, dated 11 Jun 12. 

 

 

 

 

 

 Chair