RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02655 

COUNSEL: 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was a young and naïve airman when he experimented with what he 
thought was only marijuana. When he volunteered to have a drug 
test done, the results of the urinalysis showed metabolites of 
marijuana and cocaine. He did not knowingly use cocaine. He 
accepted the accountability of his actions and fully cooperated 
with the Air Force Office of Special Investigations (AFOSI) and 
local law enforcement agencies because he thought he “would be 
chaptered out of the Air Force.” It has been approximately ten 
years since his discharge and he has been drug free, has had a 
clean criminal record, is employed, and has been enrolled in 
college classes. He appeals to the Board for clemency. 

 

In support of his appeal, the applicant provides a personal 
letter; United States Air Force Judiciary Stipulation of Facts; 
criminal history statement; and his DD Form 214, Certificate of 
Release or Discharge from Active Duty. 

 

A copy of the applicant’s complete submission, with attachments, 
is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served on active duty from 13 May 1998 to 31 August 2002. On 
7 February 2000, he received non-judicial punishment for failure 
to go at the time prescribed to his appointed place of duty, 
without authority. As a result, he received a reduction in grade 
from airman (E-2) to airman basic (E-1) with a new date of rank 
of 7 February 2000. 

 

On 10 May 2000, the applicant was tried at a general court-
martial for wrongful use of marijuana and cocaine in 1999. He 


was eventually charged with two counts of a controlled substance 
in violation of Article 112a, Uniform Code of Military Justice 
(UCMJ). The applicant pled guilty to the wrongful use of 
marijuana, but pled not guilty to wrongful use of cocaine. He 
was found guilty of the charge and both specifications by a 
military judge and sentenced to a BCD and confinement for 135 
days. In 11 July 2000, the convening authority approved the 
findings and sentence as adjudged. The Air Force Court of 
Criminal Appeals affirmed the findings and sentence on 25 January 
2002. On 9 January 2003, the United States Court for Appeals for 
the Armed Forces granted the applicant’s request for review of 
his conviction and summarily affirmed the decision of the Air 
Force Court of Criminal Appeals. On 3 April 2003, the applicant 
petitioned to the Supreme Court of the United States for writ of 
certiorari, but the petition was denied on 19 May 2003. This 
made the findings and sentence in the applicant’s case final and 
conclusive under the UCMJ. As a result, the applicant’s 
discharge was ordered to be executed 3 November 2003. 

 

The applicant was discharged on 31 August 2002 with a BCD and a 
narrative reason for separation as “Court-Martial – Drug Related 
Offense.” He served 4 years, 3 months, and 18 days on active 
duty and had lost time from 10 May 2000 to 30 August 2000. 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial. JAJM states the record shows the 
applicant was afforded all of the procedural rights offered by 
the court-martial and appellate process. There is no evidence of 
error or injustice in the process of the applicant’s court-
martial or appeal. 

 

JAJM indicates that under Title 10, United States Code (USC), 
Section 1552(f), which amended the basic corrections board 
legislation, the Air Force Board for Correction of Military 
Record’s (AFBCMR) ability to correct records related to courts-
martial, is limited. Specifically, Section 1552(f)(1) permits 
the correction of a record to reflect actions taken by reviewing 
authorities under the UCMJ. Additionally, Section 1552(f)(2) 
permits the correction of records related to action on the 
sentence of courts-martial for the purpose of clemency. Apart 
from these two limited exceptions, the effect of Section 1552(f) 
is that the AFBCMR is without authority to reverse, set-aside, or 
otherwise expunge a court-martial conviction that occurred on or 
after 5 May 1950 (the effective date of the UCMJ). 

 

It is JAJM’s opinion that while clemency may be granted under 
Title 10 USC Section 1552 (f) (2), the applicant provides little 
justification for his request, and clemency is not warranted in 
this case. Therefore, upgrading the applicant’s BCD is not 
appropriate. 


 

The complete 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 
and his counsel on 26 August 2011, 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 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 took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice. 
Furthermore, we do not find clemency is appropriate in this case 
since the applicant has not provided any evidence concerning his 
post-service activities. Therefore, the applicant’s request is 
not favorably considered. 

 

_________________________________________________________________ 

 

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 AFBCMR Docket 
Number BC-2011-02655 in Executive Session on 15 March 2012, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-02655 was considered: 

 

Exhibit A. DD Form 149, dated 12 Jul 11, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFLOA/JAJM, dated 9 Aug 11. 

Exhibit D. Letter, SAF/MRBR, dated 26 Aug 11. 

 

 

 

 

 

 Panel Chair