RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01688 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His official records be corrected to update his Bad Conduct 
Discharge (BCD) to Honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge was inequitable because it was based on one 
isolated incident in over 14 years of active duty service with 
no other adverse action. He is unable to receive Veterans 
Benefits and the BCD has had a negative effect when he is 
seeking employment. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant initially entered the Air Force on 10 Apr 78. 

 

On 9 Mar 81, the applicant received nonjudicial punishment under 
Article 15 of the Uniform Code of Military Justice (UCMJ) for 
wrongfully possessing marijuana. As punishment, the applicant 
was reduced to the grade of Airman First Class (suspended) and 
ordered to forfeit $50.00 of his pay per month for two months. 

 

On 19 Jun 92, the applicant, then a staff sergeant, was found 
guilty by a court-martial of wrongful use of marijuana on or 
between 6 Aug 91 and 6 Sep 91. As punishment, the applicant 
received a BCD and a reduction to the grade of Airman First 
Class. 

 

On 23 Sep 94, the applicant was furnished a BCD, and credited 
with 16 years, 5 months, and 14 days of active service. 

 

On 28 Oct 12, 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 E). 

 

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 C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial indicating there is no evidence or 
an error or injustice. At a court-martial, before a panel of 
officer members, the applicant was found guilty of the wrongful 
use of marijuana. The applicant was sentenced to a BCD and 
reduction to airman first class. The applicant offers no 
allegation of injustice. The applicant alleges no error in the 
processing of the court-martial conviction against him. Upon 
the court’s finding of the applicant’s guilt, it received 
evidence in aggravation, as well as in extenuation and 
mitigation, prior to crafting an appropriate sentence for the 
crimes committed. The court members took all these factors into 
consideration when imposing the applicant’s sentence. Both the 
adjudged and the approved sentences were below the maximum 
possible sentence of a BCD. Rule for Courts-Martial 1003(b)(C) 
states that a BCD “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 applicant committed whole a member of the armed 
forces. The applicant’s sentence to a BCD, and a reduction in 
rank, was well within the legal limits and was an appropriate 
punishment for the offense committed. It is noteworthy, 
however, that a review of the entire record of trial discloses 
the applicant had, in fact, received a prior Article 15 for 
nearly the exact same offense for which he was convicted; the 
wrongful possession of marijuana. Additionally, clemency in 
this case would not be fair 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 sacrifice, separations from family, 
facing hostile enemy action and suffering financial hardship. 
It would be an offense to all those who served honorably to 
extend the same benefits to someone who committed crimes such as 
the applicant’s while on active duty. Upgrading the applicant’s 
bad conduct discharge in not appropriate. 

 

A complete copy of the AFLOA/JAJM evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 28 Jun 12 for review and comment within 30 days. 


As of this date, no response has been received by this office. 
(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 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-2012-01688 in Executive Session on 4 Dec 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-01688 was considered: 

 

 Exhibit A. DD Form 149, dated 29 Apr 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 20 Jun 12. 

 Exhibit D. Letter, SAF/MRBR, dated 28 Jun 12. 

 Exhibit E. Letter, AFBCMR, dated 26 Oct 12, w/atch. 

 

 

 

 

 

 Panel Chair