RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02929 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His bad conduct discharge (BCD) be upgraded to general (under 
honorable conditions) or honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes his record to be unjust because most jobs and 
government agencies have a requirement when hiring or assisting 
people that they have an honorable discharge. 

 

The applicant provides no documentation in support of his appeal. 

 

The applicant’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 5 July 2005. 

 

In 2006, the applicant received a reduction in grade with 
forfeiture of pay for assault. 

 

The applicant was tried by a General Court-Martial and pled 
guilty to the wrongful possession of 17 computer files containing 
sexually explicit images of persons indistinguishable from minor 
children, in violation of Article 134, Uniform Code of Military 
Justice (UCMJ). The sentenced was adjudged on 26 September 2007. 
He was sentenced to confinement for 20 months and a bad conduct 
discharge but the period of confinement was reduced to nine 
months. 

 

The applicant was discharged on 12 June 2009 with a BCD. He 
served 3 years, 3 months and 24 days on active duty. The period 
26 September 2007 through 9 May 2008 was lost time. 

 

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AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial. JAJM states the applicant has not 
identified any error or injustice related to his prosecution or 
sentence. The applicant does not contest his guilt, nor does he 
challenge his sentence. In fact, the applicant voluntarily pled 
guilty and received a sentence within the limits of his pre-trial 
agreement. The applicant’s assertion that he is prevented from 
receiving certain jobs or assistance is simply a collateral – and 
natural- consequence of his conviction and sentence for serious 
criminal conduct. The applicant provides no basis for the Board 
to substitute its judgment for that rendered by the court and the 
convening authority as to an appropriate sentence. A BCD was and 
continues to be part of a proper sentence and properly 
characterizes the applicant’s 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 the same 
benefits to someone who committed a crime such as the applicant’s 
while on active duty. The applicant has shown no clear error or 
injustice. 

 

The JAJM complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 1 October 2010, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D). As of this date, this office has received no 
response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. After 
thoroughly reviewing the evidence of record, we find no evidence 
to show that the applicant’s discharge as a result of his 
conviction by court-martial was erroneous or unjust. In view of 
the foregoing, we agree with the opinion and recommendation of 
the Military Justice Division and adopt the rationale expressed 
as the basis for our decision that the applicant has failed to 
sustain his burden of proof of the existence of either an error 
or an injustice. Therefore, based on the evidence of record, we 


find no basis to recommend granting the relief sought in this 
application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2010-02929 in Executive Session on 23 February 2011, 
under the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-02929 was considered: 

 

 Exhibit A. DD Form 149, dated 30 July 2010. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 21 September 2010. 

 Exhibit D. Letter, SAF/MRBR, dated 1 October 2010.