RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02140 

						COUNSEL:  
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded to a General (Under Honorable Conditions) discharge.

APPLICANT CONTENDS THAT:

While going through the discharge process he made poor choices, resulting in his BCD.  He completed 5 ½ years of service with distinction and believes his service deserves an upgrade.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 28 Aug 91.

On or about 6 Apr 92, the applicant received an Article 15 for the following reasons:

a.  On or about 20 Mar 92, applicant wrongfully consumed an alcoholic beverage while underage.

b.  On or about 20 Mar 92, applicant without proper authority, willfully damaged a window, by striking it with his hand, causing damage of less than $100.

c.  On or about  20 Mar 92, applicant was drunk and disorderly.

The Article 15 was found to be legally sufficient and the commander imposed punishment of reduction to the grade of Airman, forfeiture of $100 pay per month for 2 months, and 30 days of correctional custody, with his reduction in grade suspended, and correctional custody in excess of 21 days remitted. 

On or about 26 Jun 97 thru 17 Aug 97, and 28 Aug 97 thru 29 Sep 97 applicant was absent without official leave (AWOL).

On or about 30 Sep 97 thru 27 Oct 97, applicant was in Deserter status.

On or about 28 Oct 97 thru 30 Oct 97, applicant was in confinement status, and 30 Oct 97 to an unknown date, applicant was in Military Confinement.

Under Special Court Martial Order No. 5, dated 22 Oct 98, the applicant was sentenced to a BCD, confinement for 60 days, forfeiture of $500 pay per month for 2 months, and reduction to Airman Basic.  On 8 Dec 97, the sentence was affirmed. 

On 13 Nov 98, the applicant was furnished a BCD, with a Narrative Reason for Separation of “Court Martial,” and was credited with   6 years, 10 months, and 20 days of active service, with 111 days lost due to confinement and AWOL. 

A request for post-service information was forwarded to the applicant on 19 Aug 16 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

AIR FORCE EVALUATION: 

AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice.  

There is no evidence to suggest that his conviction and sentence were unsupported in law or fact, nor does he make any such allegation.  The applicant deserted his post and went AWOL, which according to his petition was done while he was being administratively discharged.  The applicant, through his guilty plea, admitted to this misconduct.  The punishment approved by the convening authority was within the range of permissible punishments, and the appellate court reviewed his case and affirmed the findings and 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.  He instead states that his misconduct was a youthful indiscretion and pleads for clemency.  The passage of time since conviction is not a sufficient justification for altering the sentence in this case.  There is 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 D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 Nov 16 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.  

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 10 U.S.C § 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 considered upgrading the discharge based on clemency, however, the applicant did not present any evidence to recommend relief on that basis.  In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

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-2016-02140 in Executive Session on 7 Sep 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02140 was considered:

	Exhibit A.  DD Form 149, dated 24 May 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 18 Aug 16.
	Exhibit D.  Memorandum, AFLOA/JAJM, dated 8 Nov 16.
	Exhibit E.  Letter, AFBCMR, dated 13 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.