RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02541

	COUNSEL: 

	HEARING: NO

APPLICANT’S REQUEST.  That his bad conduct discharge (BCD) be upgraded. 

APPLICANT’S CONTENTION.  While in the service, he made mistakes.  He became hooked on drugs and his life spiraled out of control.  In 2012, he entered and completed an intense drug program.  He needs his discharge upgraded in order to receive VA benefits.  He loves his country and the Air Force.  He asks the Board to forgive him for his mistakes.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant was convicted by a special court-martial for using cocaine, failure to go, breaking restriction and failure to pay debt.  He was sentenced to a BCD, confinement for five months, and a forfeiture of $426 pay per month for five months, and a reduction in grade to airman basic.  

On 19 Sep 16, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response (Exhibit C), but has received no response. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION.  AFLOA/JAJM recommends denying the application.  There is no evidence or allegation of legal error in the applicant’s court-martial proceeding.  In addition, the application is untimely.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 1 Feb 17 for comment (Exhibit E), but has received no response. 

THE BOARD CONCLUDES:

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 error and injustice.  The Board concurs with AFLOA/JAJM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions and we are not persuaded that the requested relief is warranted.  We note the rationale of the office of primary responsibility (OPR) and adopt its rationale as our own, and find no basis on which to recommend favorable action.

THE BOARD RECOMMENDS:  The APPLICANT be informed that the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; 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 AFBCMR Docket Number BC-2016-02541 in Executive Session on 28 Mar 2018:

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

Exhibit A: Applicant’s application, DD Form 149, dated 25 May 2016, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Letter, AFBCMR, dated 2 Sep 2016.
Exhibit D: Advisory opinion, AFLOA/JAJM, dated 17 Nov 2016.
Exhibit E: Notification of Advisory, SAF/MRBR to applicant, dated 1 Feb 2017.

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