RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02774
		COUNSEL:  NONE
		HEARING DESIRED: NO
	
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APPLICANT REQUESTS THAT:

Her late husband’s records be corrected to remove his bad 
conduct discharge (BCD).

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APPLICANT CONTENDS THAT:

Her late husband experienced something traumatic towards the end 
of his service that caused him to drink and go absent without 
leave (AWOL).  He had an impeccable service record prior to some 
unknown event that triggered a change in his personality, which 
led to alcoholism.

Her complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The decedent entered the Regular Air Force on 22 Feb 84.  He met 
a special court-martial for violation of the Uniform Code of 
Military Justice (UCMJ), Articles 86, 87, 95, and 134.  He was 
tried and convicted for missing movement, being absent without 
leave, breaking restriction, and resisting arrest.  The decedent 
pled guilty to all charges and was found guilty.  He received a 
BCD discharge, a reduction to airman basic, and was confined at 
hard labor for two months.  The sentence was adjudged on 10 May 
96.  He was discharged on 26 Aug 97 after serving 13 years, 6 
months, and 5 days on active duty.  

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

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial and states the applicant does not 
provide any specific basis for upgrading the former member’s 
discharge other than the implication that he should not have 
been held responsible for his crimes due to alcoholism.  In 
addition, ordinarily an application must be filed within three 
years after an error or injustice is discovered or, with due 
diligence, should have been discovered.  The applicant claims 
she did not discover this injustice until 15 Nov 10 when her and 
her mother found the former member’s DD Form 214.  However, 
having written to the President of the United States to complain 
about his BCD, his mother was well aware of his punishment in 
1996.  Furthermore, it appears that on 30 Jul 96 the former 
member’s mother was provided a written response to her letter 
from SAF/LLI which explained both the relief available from the 
Board and the time limits for filing an application.

Title (10 USC § 1552(f)) amended the basic corrections board 
legislation, the Board’s ability to correct records related to 
courts-martial is limited.  Specifically, this section permits 
the correction of a record to reflect actions taken by a 
reviewing authority under the UCMJ.  Additionally, it permits 
the corrections of records related to action on the sentence of 
courts-martial for the purpose of clemency.  However, a grant of 
clemency is not appropriate in this case.  To overturn the 
applicant’s punishment now would require the Board to substitute 
its judgment for that rendered by the court and the convening 
authority nearly 15 years ago when the facts and circumstances 
were fresh.  Additionally, while clemency may be granted under 
10 USC § 1552(f) (2), it would be unfair to those individuals 
who honorably served their country while in uniform.  

The complete JAJM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

She is asking for a pardon or clemency and would like her late 
husband’s 13 years of service to be considered, along with the 
medals that he received.  Her late husband paid for the crime he 
committed; he lost his job, his promising future, his health, 
and his life at 41 years of age.  

He performed well for many years while serving in the military, 
ut after he lost his job, the alcohol took over and no one could 
help him.  

In 2010, she applied for widow benefits and cannot afford the 
unpaid bills because of her illness.  

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

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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 this 
Board is without authority to reverse, set aside, or otherwise 
expunge a court-martial conviction.  Rather, in accordance with 
10 USC § 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 former member’s service characterization, which 
had its basis in his conviction by special court-martial and was 
a part of the sentence of the military court, was improper or 
that it exceeded the limitations set forth in the UCMJ.  We have 
considered the former member's overall quality of service, the 
special court-martial conviction which precipitated the 
discharge, and the seriousness of the offenses of which 
convicted.  Based on the evidence of record, we are not 
persuaded that the characterization of his discharge warrants an 
upgrade on the basis of clemency.  In view of the above, we 
conclude that no basis exists to grant favorable action on his 
request.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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-2012-02774 in Executive Session on 21 Feb 13, under 
the provisions of AFI 36-2603:

	, Chair
	, Member
	, Member

The following documentary evidence for Docket Number BC-2012-02774 
was considered:

    Exhibit A.  DD Form 149, dated 22 Jun 12, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLOA/JAJM, dated 22 Aug 12.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Aug 12. 
    Exhibit E.  Letter, Applicant, dated 27 Sep 12.




                                   
                                   Chair