RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02605-2

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

Her discharge Under Honorable Conditions (General) be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

Her discharge was inequitable because it was based upon one isolated incident without regard to traumatic life events, such as her unreported rape by an on-base church member, or other honorable actions.  Additionally, she received improper counsel regarding discussing her attempted suicide.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 29 Nov 95, the applicant was tried by Special Court Martial and sentenced to a Bad Conduct Discharge.  The applicant was charged with the following violations of the Uniform Code of Military Justice (UCMJ)

a.	Article 121, for the wrongful appropriation of a motor vehicle, of a value of more than $100.  Plea: Guilty.  Finding:  Guilty

b.	Article 85, for absent without authority/desertion.  Plea: Not Guilty.  Finding: Dismissed after arraignment.

c.	Article 87, for missed movement.  Plea: Guilty.  Finding: Guilty.

d.	Article 86, for absent without leave.  Plea: Guilty.  Finding: Guilty.

On 8 Feb 96, under Special Court Martial Order Number 5, the applicant’s sentence was approved, pending appellate review.

On 11 Dec 96, under Special Court Martial Order Number 7, the applicant’s sentence was finally affirmed.  By action dated 14 Nov 96, pursuant to Article 74(b) of the UCMJ, the Secretary of the Air Force substituted a General Discharge for the Bad Conduct Discharge adjudged and finally affirmed.  The portion of the sentence providing for a Bad Conduct Discharge was remitted.

On 17 Dec 96, the applicant received an Under Honorable Conditions (General) discharge, with Narrative Reason Court Martial, Separation Program Designator JJD, and Reentry Code 2L.  The applicant had 37 days time lost.

On 30 Jan 03, the applicant’s request for upgrade, under Air Force Board for Correction of Military Records (AFBCMR) Docket Number BC-2002-02605, was denied by the Board.  Despite repeated attempts, her complete AFBCMR case file, including the Record of Proceedings, could not be located.

On 20 May 16, a request for post-service information was forwarded to the applicant for comment (Exhibit C).  As of this date, no response has been received by this office.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits D, E, and F.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  The complete advisory is at Exhibit D.

BCMR Medical Advisor recommends denying the application.  The complete advisory is at Exhibit E.

BCMR Psychiatric Advisor recommends denying the application.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 29 Aug 17 for comment (Exhibit G), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an injustice.  The Board remains unconvinced the evidence presented demonstrates an injustice.  It appears the court martial and resulting discharge were consistent with the substantive requirements of the Uniform Code of Military Justice (UCMJ), and the sentence not unduly harsh or disproportionate to the offenses committed.  In fact, the applicant already received meaningful post-trial relief under Article 74(b) of the UCMJ.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2002-02605-2 in Executive Session on 27 Mar 18:

, Panel Chair
, Member
, Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Dec 15.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C. Clemency Memorandum, SAF/MRBC to applicant, dated 20 May 16.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 27 Oct 16.
Exhibit E:	Advisory opinion, BCMR Medical Advisor, dated 31 May 17.
Exhibit F:	Advisory opinion, BCMR Psychiatric Advisor, dated 26 Jun 17.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, w/atchs, dated 29 Aug 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.