RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-00491 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His Bad Conduct discharge be upgraded to Honorable.

APPLICANT CONTENDS THAT:
He was made an example of by a zealous First Sergeant and did not deserve the characterization of service he received. Almost immediately upon arrival at his overseas assignment, his First Sergeant took a strong dislike to him and even stated once that he would make sure he ruined his career. Shortly thereafter he was informed that he failed a drug test and was accused of being a drug dealer. His residence was searched and no drugs were found. During this ordeal, he was assigned military counsel who instructed him against pleading guilty. There was never any real proof provided and everything presented was untrue; therefore, he feels there was no real justification for his discharge. He has provided two character letters for the Board’s consideration.

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

STATEMENT OF FACTS:
On 19 Jul 82, the applicant entered the Regular Air Force.
On 10 Jan 84, the applicant was sentenced to a Bad Conduct discharge, confinement at hard labor for 9 months, forfeiture of
$100.00 per month for 10 months and reduced in grade to airman basic. The specifications were six instances related to illegal drugs and one specification of assault.

On 29 Mar 84, the convening authority approved the sentence. On 12 Mar 85, the sentence was affirmed.
On 5 Apr 85, the applicant was furnished a Bad Conduct discharge, and was credited with 2 years, 8 months, and 16 days of active service this period.

On 7 Feb 15, a request for post-service information was forwarded to the applicant for review and response within 30 days. As of this date, no response has been received (Exhibit C).

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D.

AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice. The applicant was tried by a general court-martial and found guilty, contrary to his pleas, of one charge and one specification in violation of Article 92, Uniform Code of Military Justice, for failure to obey an order or regulation and one charge and one specification in violation of Article 128, UCMJ, for assault. The applicant was sentenced to a Bad Conduct discharge, confinement at hard labor for 9 months, forfeiture of $100.00 per month for 10 months and a reduction in rank to airman basic. The convening authority approved the sentence in whole.

The punishment adjudged and approved by the convening authority was within the range of permissible punishments. There is no evidence or claim that the applicant was not afforded all of his appellate rights. In accordance with 10 U.S.C. 1552(f), the Board has not authority to overturn the court-martial conviction but may only on the basis of clemency, correct the actions taken by the reviewing authority, i.e., the sentence. In this case, the applicant submitted a letter from his family attorney and his pastor at church. Despite these two letters stating he is not a good member of the church and a family man, there is not new evidence that would negate the crimes he committed, nor bring into question the appropriateness of his sentence.

A complete copy of the AFLOA/JAJM evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 26 May 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office.

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.
1.	

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We note that 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 court-martial conviction 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 court-martial conviction which precipitated the discharge, and the seriousness of the offenses to which convicted. However, in the absence of any evidence related to the applicant’s post-service activities that would enable us to determine if his accomplishments since his discharge are sufficient to overcome the misconduct for which he was discharged, we find no basis upon which to favorably consider 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-2015-00491 in Executive Session on 23 Sep 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 2 Feb 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Clemency Information Bulletin, dated 7 Feb 15. Exhibit D.	Memorandum, AFLOA/JAJM, dated 15 Apr 15.
Exhibit E.	Letter, SAF/MRBR, dated 26 May 15.