RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04485 


 COUNSEL: 

 

 HEARING DESIRED: YES 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Bad Conduct Discharge (BCD) be upgraded to a General (Under 
Honorable Conditions) Discharge. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

It has been 27 years since his discharge. He humbly accepted 
the conditions of his 1983 discharge for bad conduct. Today, 
his appeal for clemency is based upon his conduct and 
contributions to society since his discharge. 

 

In support of his request, the applicant provides an expanded 
personal letter to the Board, multiple letters of 
recommendation, articles highlighting his contributions to 
society, and information about an arrest before he entered the 
Air Force. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Air Force on 14 Aug 74. 

 

On 15 Dec 82, he was convicted at a General court-martial for 
violating Article 134 of the Uniform Code of Military Justice 
(UCJM). Specifically, for wrongfully selling a habit forming 
narcotic drug, to wit: cocaine. He pled guilty, and was 
sentenced to hard labor for 12 months, forfeiture of $200 per 
month for 12 months, reduction in grade to Airman Basic (E-1), 
and a BCD. 

 

On 6 Dec 83, he was furnished a BCD after serving the term of 
his confinement in prison. 

 


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. 

 

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AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial, indicating there is no evidence of 
an error or injustice. The applicant offers no allegation of 
injustice. He simply requests an upgrade to his BCD because he 
improved his life and has lived admirably since his discharge. 
The applicant alleges no error in the processing of the general 
court-martial conviction against him. He pled guilty at trial 
to the charge and its specification as was agreed to in the 
pretrial agreement. He received the benefit of his pretrial 
agreement when the Convening Authority did not approve the 
adjudged dishonorable discharge and instead approved the bad 
conduct discharge. 

 

While clemency may be granted under 10 U.S.C § 1552(f)(2), 
clemency is not warranted in this case. The applicant’s 
sentence to a BCD and confinement for one year was well within 
the legal limits and was an appropriate punishment for the 
offense committed. Further, the applicant’s previous Article 15 
for possession of marijuana is an aggravating factor upon which 
the court could have properly based the lawful sentence imposed. 
Congress’ intent in setting up the Veteran’s Benefits Program 
was to express thanks for veterans’ personal sacrifices, 
separations from family, facing hostile enemy actions and 
suffering financial hardship. All rights of a veteran under the 
laws administered by the Secretary of the Veterans Affairs are 
barred where the veteran was discharged or dismissed by reason 
of the sentence of a general court-martial. While the applicant 
should be commended for the life he has led since his discharge, 
the fact remains that he was dismissed as a result of a general 
court-martial sentence. The applicant’s service time was 
punctuated by cocaine use and distribution, which should not be 
rewarded by the granting of veteran’s benefits. Upgrading the 
applicant’s BCD is not appropriate. 

 

The complete AFLOA/JAJM evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant, through counsel, reiterates that he believes he 
has done everything in his power to live a productive life and 
be a positive influence in society, and deserves clemency for 
the crime he committed nearly 30 years ago. He highlights that 
he is not asking the Board to expunge his court-martial 
conviction as discussed in the advisory, rather he seeks 
clemency by upgrading his discharge. In addition, he disagrees 
that he has provided no justification for clemency as the 


advisory states. The documentation he provided is clear 
justification for clemency for positive post-trial 
rehabilitation and actions of exemplary behavior (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 error. We note 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), our actions 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). However, under our broader mandate and after 
careful consideration of all the facts and circumstances of the 
applicant's case, the Board is persuaded that he developed into 
a productive member of society since leaving the service. It is 
apparent he has lived a life characterized by significant 
contributions to society and dedicated service to the youth in 
his community over a many year period. Based upon his lifetime 
of accomplishments, we believe the continued stigma of his Bad 
Conduct Discharge is unduly harsh and no longer serves any 
useful purpose. Therefore, in the interest of justice, and in 
view of the passage of time and his post-service adjustments, we 
believe upgrading the characterization of his service to one 
under honorable conditions (general) is warranted on the basis 
of clemency. 

 

4. The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 


 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that on 
6 December 1983 that on 6 December 1983 he received a General 
(Under Honorable Conditions) Discharge, and was furnished a 
General (Under Honorable Conditions) Discharge Certificate. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04485 in Executive Session on 14 Jun 12, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 24 Oct 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhbitd D. Letter, AFLOA/JAJM, dated 24 Jan 12. 

 Exhibit E. Letter, SAF/MRBR, dated 10 Feb 12. 

Exhibit F. Letter, Applicant’s Counsel, dated 9 Mar 12. 

 

 

 

 

 

 Panel Chair