RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00681

  						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be provided relief from his court-martial conviction and have his Bad Conduct discharge be upgraded to General.

APPLICANT CONTENDS THAT:

He was unaware of his appellate rights until he had spoken with a veterans group.   

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 2 Feb 77.  

On 21 Dec 79, the 24 Consolidated Aircraft Maintenance Squadron (CAMS) Commander notified the applicant of his intent to impose non-judicial punishment (NJP) based on attempting to write checks with insufficient funds on four separate occasions.  

On 31 Dec 79, the applicant was reduced to the grade of Airman First Class and ordered to perform extra duty for a period of 15 days.  

On 14 Jan 80, the applicant appealed the punishment as unduly harsh and severe.  

On 17 Jan 80, the 24 Composite Wing Commander (COMPW/CC) denied the applicant’s appeal.  

On 22 Jan 80, the NJP was found legally sufficient.  

On 10 Dec 81, General Court-Martial Order No. 2 was published stating the applicant pled guilty to one charge, two specifications of conspiring to purchase and transfer cocaine (Article 81), and once charge, one specification of conduct prejudicial to good order and discipline (Article 134).  The applicant was sentenced to be discharged from the service with a bad conduct discharge, confined at hard labor for two years, forfeiture of all pay and allowances, and reduced to the grade of Airman Basic.  

On 10 Aug 84, after appellate review, the findings of guilty of Specification 2 of Charge I (violation of UCMJ, Article 81) were dismissed.  The remaining findings of guilty were affirmed.   

On 23 Aug 84, the applicant was furnished a bad conduct discharge, and was credited with 4 years, 7 months, and 24 days of active service.  

On 8 Apr 16, a request for post-service information was forwarded to the applicant for review and comment within 30 days (see Exhibit D).

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 C.  

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice that tends to undermine the sentence adjudged at court-martial and subsequently reviewed by the military appellate courts. In accordance with 10 U.S.C. 1552(f), the Board has no authority to overturn the court-martial conviction, but may, on the basis of clemency, adjust the sentence.  The applicant has not submitted any new evidence or information which tends to cast doubt on the outcome of his trial, and has not detailed any specific reason or basis why he believes his allegations warrant relief.  The passage of time since conviction is not a sufficient justification for altering the sentence in this case.  We see no basis in law to suggest that applicant’s court-martial process is an injustice warranting correction by this Board.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he is remorseful for what he did.  He expected a one year sentence and was given two.  He didn’t deserve to go to prison for $500.00 worth of cocaine.  However, prison was life changing and is sorry he messed up.  Since 29 Jan 90, he has been sober and had the ability to help other alcoholics.  

A complete copy of the applicant’s rebuttal is at Exhibit E.  

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The applicant was timely filed.  

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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice in the discharge processing.  Based on the available evidence of record and the presumption of regularity, the discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  In the interest of justice, we considered upgrading the discharge based on clemency; however, based on the evidence before us, the Board finds no basis to grant clemency at this time.  However, the Board would be willing to reconsider his appeal should he provide new and relevant information relative to his claim.  Therefore, in the absence of evidence to the contrary, the Board finds no basis upon which to recommend granting the relief sought in this application.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2016-00681 in Executive Session on 9 Feb 17 under the provisions of AFI 36-2603:

	XXXXXXXXXXXXX, Panel Chair
	XXXXXXXXXXXXXXXXX, Member
	XXXXXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00681 was considered:

	Exhibit A.  DD Form 149, dated 9 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFLOA/JAJM, dated 1 Sep 16.
	Exhibit D.  Letters, AFBCMR, dated 8 Apr 16, w/atch, and
  16 Nov 16.
Exhibit E.  Applicant’s Rebuttal, received 22 Dec 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.