RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2008-04078 

 INDEX CODE: 110.02 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

 

His bad conduct discharge (BCD) be upgraded making him eligible 
to receive Department of Veterans Affairs (DVA) benefits. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes the punishment for his offense was excessive and 
unjust. Upon his arrival from Vietnam to Kessler AFB, MS, he had 
an incident with a noncommissioned officer (NCO) in civilian 
attire while on base. He was with a friend playing pool, when he 
respectfully and politely asked the NCO to move so he could 
continue to play pool. The NCO refused to move and he walked away 
to control himself because he could get extremely angry. The NCO 
never identified himself and still refused to move. He slapped 
the NCO in the face with his hand. He believed the forfeiture and 
the confinement with hard labor was an appropriate punishment, 
however, the discharge was unfair. The upgrade will assist in the 
treatment of his post traumatic stress disorder (PTSD). 

 

In support of his application, the applicant provides a copy of 
AF Form 293, Application for the Review of Discharge from the 
Armed Forces of the United States, a letter from his Veterans 
Service Office, a letter from the DVA, a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or 
Discharge, DD Form 4, Enlistment Record - Armed Forces of the 
United States, AF Form 7, Airman Military Record, AF Form 1226, Record of Court-Martial Convictions and Time Lost, copies of 
Special Order Number 6 and 144, a copy of his Article 15 
punishment and Standard Forms 600, Chronological Record of 
Medical Care. 

 

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

 

_________________________________________________________________ 

 

 

 

 



STATEMENT OF FACTS: 

 

Applicant enlisted in the Regular Air Force on 11 October 1967 
and was progressively promoted to the grade of airman first 
class. 

 

On 16 December 1969, he was notified by his commander of his 
intent to impose nonjudicial punishment under Article 15, UCMJ. 
The specific reason for this action was an off limits/curfew 
violation. The punishment was a suspended reduction to airman 
basic and forfeiture of $65.00 pay per month for two months. 

 

On 16 February 1970, applicant was notified by his commander of 
his intent to vacate the suspended reduction. The specific 
reason for this action was that he wrongfully had in his 
possession some marijuana, in violation of Article 134, UCMJ. The 
punishment consisted of reduction to the grade of airman basic. 

 

On 3 February 1971, the applicant was court-martialed for 
indecent exposure, being disorderly on station, and for assault 
on an NCO. He was sentenced to a BCD, confinement at hard labor 
for six months and forfeiture of $125.00 pay per month for six 
months. On 15 July 1971, he was discharged from the Air Force 
with a BCD in the grade of airman basic. He served 3 years, 6 
months and 23 days of active service. 

 

On 19 June 1974, the Air Force Board for the Correction of 
Military Records considered a similar request and determined that 
no corrective action was warranted. 

 

In response to the Board's request, the Federal Bureau of 
Investigation (FBI) provided a copy of an investigative report 
(Exhibit C). On 6 January 2009, a copy of the FBI report and a 
request for post-service information was forwarded to the 
applicant for review and response within 30 days (Exhibit D). The 
applicant has not responded. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reviewed the FBI report and information bulletin 
and stated that upgrading his discharge will bring closure to his 
lonely life. To clear his name of the blot is what he seeks. The 
Board can be sure that they are helping an honorable person and a 
veteran by doing this. 

 

Applicant's complete response, with attachment, is at 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 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 also find no evidence which indicates that the applicant’s 
service characterization, which had its basis in his conviction 
by general 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 Uniform Code of Military Justice (UCMJ). We 
have considered applicant's overall quality of service, the 
general court-martial conviction which precipitated the 
discharge, and the seriousness of the offense of which convicted, 
e.g., indecent exposure, being disorderly in station and assault 
on an NCO. Based on the evidence of record, we cannot conclude 
that clemency is warranted. Moreover, it appears that he has not 
overcome the behavior traits which caused the discharge based on 
the report provided by the FBI. In view of the above, we 
recommend the applicant's request be denied. 

 

_________________________________________________________________ 

 

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. 

_________________________________________________________________ 

The following members of the Board considered Docket Number BC-
2008-04078 in Executive Session on 11 March 2009, under the 
provisions of AFI 36-2603: 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2008-04078: 

 

 Exhibit A. DD Form 149, dated 29 Oct 08, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 10 Dec 08. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Jan 09. 

 Exhibit E. Letter, Rebuttal, dated 20 Jan 09.