RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02444 

  						COUNSEL: NONE
 
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to under honorable conditions (general).

APPLICANT CONTENDS THAT:

He has served his country honorably.  His immature and irresponsible behavior was completely his fault; however, he feels he has paid his debt to society and would like his discharge upgraded to honorable.  He does not dispute the sentence he received.

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

STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air Force on 17 Oct 78.

According to Special Court-Martial Order No. 9, dated 7 Sep 82, the applicant was convicted by a special court-martial of two charges and five specifications of committing a fraud against the United States, in violation of Article 132, Uniform Code of Military Justice (UCMJ).  The applicant’s misconduct stemmed from several incidents in which he submitted fraudulent travel vouchers amounting to approximately $1,500.  

On 30 June 1982, the applicant was sentenced to a BCD, confinement for four months, forfeiture of $367 pay per month for four months and reduction in rank to E-1 (from E-4).  The convening authority disapproved the finding of guilty for one of the specifications and reduced the confinement and forfeitures to three months, but otherwise approved the findings and sentence.  The Air Force appellate court affirmed the findings and sentence.

On 28 Jul 83, the applicant received a BCD, with credit for 4 years, 6 months, and 22 days of active service.

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.   

On 17 Oct 16, a request for post-service information was sent to the applicant; however, as of this date no response has yet to be received, see Exhibit D.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends that the Board deny the applicant’s requested relief.  There is no evidence or allegation of error or injustice that tends to undermine the sentence adjudged at court-martial and subsequently reviewed by the military appellate court.

In accordance with 10 U.S.C. § 1552(f), the BCMR 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.  He instead states that his misconduct was because he was young and he has lived an honorable life since his discharge.  The applicant has requested that the BCMR grant him clemency based on his living a productive life since his discharge, but he submitted no evidence to support these claims.  The passage of time since conviction is not a sufficient justification for altering the sentence in this case.  JAJM does not see a 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:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Dec 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

1.  The application was not timely filed.

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 that the applicant is not the victim of an injustice.  The Board considered the applicant’s overall quality of service, the seriousness of the offenses of which the applicant was convicted, and all available post-service information.  However, the Board finds no basis for clemency in the case.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Since the Board does not find clemency appropriate in this case, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD DETERMINES THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The following members of the Board considered AFBCMR Docket Number BC-2016-02444 in Executive Session on 15 Feb 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 10 Jun 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFLOA/JAJM, dated 16 Nov 16.
	Exhibit D.  Letter, Clemency Bulletin, dated 17 Oct 16.
	Exhibit E.  Letter, AFBCMR, dated 19 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.