RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04738 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His bad conduct discharge (BCD) be upgraded. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He now understands the mistakes he made. He was only seventeen 
years old when the incident occurred. His immaturity played a 
great part in his misbehavior. He was having problems coping in 
the military. He served six months in military detention for his 
actions. 

 

In support of his request, the applicant provides a copy of a 
letter from the Army Review Boards Agency. 

 

His complete submission, with attachment, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Regular Air Force on 13 Dec 51. The 
applicant met a special court-martial for violation of the 
Uniform Code of Military Justice, Article 86. Specification 1: 
The applicant was absent without leave on or about 8 Jul 52 
without permission and remained absent until on or about 16 Oct 
72; Specification 2: The applicant was absent without leave on 
or about 19 Nov 53 and remained absent until on or about 17 Jun 
53. The applicant pled not guilty; however, he was found guilty 
and discharged with a BCD, forfeited $50.00 per month for six 
months and was confined at hard labor for six months. The 
sentence was adjudged on 26 Aug 53. He was discharged on 18 Dec 
53. He had 529 days of lost time. 

 

On 10 Apr 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days. As of this date, no response has been received 
by this office. 

 


Pursuant to the Board's request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, was unable to identify 
an arrest record on the basis of information furnished. 

 

_________________________________________________________________ 

 

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 find no 
evidence which indicates the applicant’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 the applicant's overall quality of service, the 
special court-martial conviction which precipitated the 
discharge, and the seriousness of the offense of which convicted. 
Based on the evidence of record, we are not persuaded that the 
characterization of his discharge warrants an upgrade on the 
basis of clemency. In view of the above, we conclude that no 
basis exists to grant favorable action on his request. 

 

_________________________________________________________________ 

 

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-2011-04738 in Executive Session on 19 Jun 12, under the 
provisions of AFI 36-2603: 


 

The following documentary evidence for Docket Number BC-2011-04738 
was considered: 

 

 Exhibit A. DD Form 149, dated 5 Aug 11, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 10 Apr 12.