RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04154 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her late-husband’s Bad Conduct discharge (BCD) be upgraded to 
honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His service prior to the incident was exemplary. The applicant 
requests an upgrade of her late-husband’s discharge to allow for 
burial in a Veterans cemetery. 

 

In support of her request, the applicant provides copies of her 
late-husband’s DD Forms 214, Certificate of Release or Discharge 
from Active Duty, and a copy of his death certificate. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 24 Sep 82, the deceased former member was furnished a BCD as a 
result of being found guilty at a special court martial of 
wrongful use of a controlled substance. 

 

Pursuant to the Board’s request, the FBI provided a copy of an 
Investigative Report pertaining to the deceased former member 
(Exhibit C). 

 

On 31 Jan 11, a copy of the Investigative Report and a request 
for post-service information was forwarded to the applicant for 
review and comment within 30 days (Exhibit F). 

 

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

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial, indicating there is no evidence of 
an error or injustice. The applicant has not identified any 
errors or injustices related to the processing of her late-
husband’s general court-martial. Although, the former service 
member pled not guilty at trial, the court found him guilty of 
the crime based on the evidence presented by the prosecution. A 
BCD is designed as a punishment for bad conduct. The BCD is more 
than a service characterization; it is a punishment for the crime 
the service member committed while on active duty. His sentence 
to a BCD and reduction in rank was well within the legal limits 
and was an appropriate punishment for the offense committed. 

 

Additionally, to grant clemency in this case would be unfair 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 sacrifices, 
separations from family, facing hostile enemy action and 
suffering financial hardships. All rights of a veteran under the 
laws administered by the Secretary of Veterans Affairs are barred 
where the veteran was discharged or dismissed by reason of 
sentence of general court-martial. It would be offensive to all 
those who served honorably to extend the same benefits to someone 
who committed a crime such as the service member while on active 
duty. 

 

The complete AFLOA/JAJM evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 10 Feb 12, a copy of the Air Force evaluation was forwarded to 
applicant for review and comment within 30 days. To date, a 
response has not been received (Exhibit E). 

 

_________________________________________________________________ 

 

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 
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 service 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 Uniform Code of Military Justice (UCMJ). We 
have considered service member's overall quality of service, the 
special court-martial conviction which precipitated the 
discharge, and the seriousness of the offense to which convicted. 
Based on the evidence of record, we cannot conclude that clemency 
is warranted. In view of the above, 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 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-2011-04154 in Executive Session on 18 Sep 12, under the 
provisions of AFI 36-2603: 

 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated, 13 Dec 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Invesigative Report. 

 Exhibit D. Letter, AFLOA/JAJM, dated 2 Feb 12. 

 Exhibit E. Letter, SAF/MRBR, dated 10 Feb 12. 

 Exhibit F. Letter, AFBCMR, dated 9 Aug 12, w/atch.