RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-05090 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Bad Conduct Discharge (BCD) be upgraded to Honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He enlisted on 5 Dec 83 for four years, and received an 
Honorable discharge. Later, he reenlisted for six years but 
fell short of expectations. He apologizes for his actions at 
the time, and today conducts himself as a proud veteran. Enough 
time has passed for him to be forgiven. 

 

In support of his request, the applicant provides an expanded 
statement. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Air Force on 6 Dec 83, and received a 
BCD on 16 Mar 84 after being found guilty at a special court-
martial of one specification of drug abuse and one specification 
of failure to go. 

 

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

 

On 23 Jul 12, 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. As of this 
date, no response has been received by this office (Exhibit F). 

 

 

 


The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility which is included at Exhibit D. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial indicating there is no evidence of 
an error or injustice. The applicant was a member of the Air 
Force from 6 Dec 83 to 16 Mar 94. On 13 Feb 1992, then an 
airman basic, he pled guilty to one specification of wrongfully 
using cocaine, in violation of Article 112(a), Uniform Code of 
Military Justice (UCMJ), and one specification of failure to go, 
in violation of Article 86, UCMJ. He was convicted by a special 
court-martial of both offenses. He was sentenced to a BCD and 
confinement for four months. Under 10 U.S.C. § 1552(f), which 
amended the basic corrections board legislation, the Board’s 
ability to correct records related to courts-martial is limited. 
Specifically, Section 1552(f)(1) permits the correction of a 
record to reflect actions taken by a reviewing authority under 
the UCMJ. Additionally, section 1552(f)(2) permits the 
correction of record related to action on the sentence of 
courts-martial for the purpose of clemency. Apart from these 
two limited exceptions, the effect of section 15523 (f) is that 
the Board is without authority to reverse, set aside, or 
otherwise expunge a court-martial conviction that occurred on or 
after 5 May 1950. The applicant offers no allegation of 
injustice. He simply requests an upgrade to his BCD because, in 
his mind, it should be forgiven due to the passage of time. The 
applicant alleges no error in the processing of the special 
court-martial conviction against him and his record of trial 
shows no error in the processing of the court-martial. In 
addition, the applicant pled guilty at trial. The applicant’s 
sentence to a BCD and confinement for four months was well 
within the legal limits and was an appropriate punishment for 
the offense committed. A BCD was and continues to be part of a 
proper sentence and properly characterizes his service. 
Clemency in this case would be unfair to those individuals who 
honorably served their country while in uniform. It would be 
offensive to all those who served honorably to extend Veteran’s 
Benefits to someone who committed crimes such as the applicant’s 
while on active service. Upgrading the applicant’s BCD is not 
appropriate. 

 

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 11 May 12 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 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). 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. 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-2011-05090 in Executive Session on 28 Aug 12 under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 20 Dec 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report 

 Exhibit D. Letter, AFLOA/JAJM, 11 Apr 12. 

 Exhibit E. Letter, SAF/MRBR, dated 11 May 12. 

 Exhibit F. Letter, AFBCMR, dated 23 Jul 12. 

 

 

 

 

 

 Panel Chair