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AF | BCMR | CY2012 | BC-2012-04694
Original file (BC-2012-04694.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04694 

 

 COUNSEL: NO 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge characterization was an error because he had a 
spotless military career other than his court-martial. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 26 Feb 82. 

 

On 10 Oct 85, the applicant pled not guilty but was found guilty 
of writing several bad checks without sufficient funds, in 
violation of Article 123a, Uniform Code of Military Justice 
(UCMJ). He was sentenced at a General Court-Martial to a BCD, 
confinement for 12 months and reduction to the grade of Airman 
Basic (E-1, AB). 

 

On 13 Aug 86, the convening authority approved the sentence, but 
suspended the portion pertaining to reduction below the grade of 
Airman First Class and on 28 Nov 86, the BCD was executed. 

 

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

 

________________________________________________________________ 

 

 

 

 


AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denying the applicant’s request due to 
untimeliness or on its merits, indicating the applicant has not 
supplied any evidence of injustice. The applicant alleges no 
error in the processing of the court-martial conviction nor does 
his record of trial reflect any errors. The applicant’s 
sentence was well within legal limits and the BCD is a proper 
sentence and properly characterizes his service. The Air Force 
Court of Military Review approved and affirmed the findings and 
sentence. The Air Force Clemency and Parole Board denied the 
applicant’s request for clemency or restoration. The U.S. Court 
of Military Appeals denied the applicant’s request for review, 
making the case final and conclusive under the UCMJ. 

 

Additionally, the applicant’s application is untimely. An 
application must be filed within three years after an error or 
injustice is discovered or, with due diligence, should have been 
discovered. The court-martial occurred in 1985 with final 
action in 1986. 

 

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 10 Dec 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, the 
seriousness of the offenses to which convicted. Based on the 
evidence of record, we cannot conclude that clemency is 
warranted in this case. We note the applicant has not provided 
any documentation related to his activities since leaving the 
service. Such documentation is essential to our ability to 
determine of the applicant’s post-service activities in his 
community are sufficient to overcome the misconduct for which he 
was court-martialed. Should the applicant provide such 
documentation describing these activities, we would be inclined 
to reconsider his application based on new evidence. 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-2012-04694 in Executive Session on 4 Jun 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 4 Oct 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 26 Nov 12. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12. 

 

 

 

 

 

 Panel Chair 

 



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