RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02564

	COUNSEL: 

	HEARING: NO	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was young and made poor decisions when he was in the Air Force.  He has since turned his life around and learned from his mistakes.  He has worked for the state of North Carolina for 16 years and has a clean employment history, which shows he has changed.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Sergeant.  

He received a referral airman performance report (APR) for the reporting period ending 30 May 85.  The reason for the referral report was a positive urinalysis for drug use. 

 On 10 Sep 85, the applicant was tried by special courts martial on one charge and specification of wrongful use of cocaine in violation or Article 112a, Uniformed Code of Military Justice (UCMJ).  The applicant pled guilty to, and was found guilty of, the specification and charge.  

On 12 Dec 85, the discharge action was found legally sufficient, and the discharge authority approved the recommendation.

On 10 Nov 86, the applicant received a Bad Conduct Discharge. 

On 26 Oct 16, a request for post-service information was forwarded to the applicant for comment within 30 days.  As of this date, no response has been received by this office (Exhibit C). 

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.  The sentence adjudged and approved by the convening authority was within the permissible range for the offense, which the applicant was convicted. 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 27 Apr 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

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 or injustice.  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 reflecting actions taken by the reviewing officials and action on the sentence of the court-martial for the purpose of clemency.  The Board finds no evidence that indicates the sentence of the military court was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice.  The Board also 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 this case and concurs with AFLOA/JAJM rationale and recommendation.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, 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 Docket Number BC-2016-02564 in Executive Session on 29 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 3 Mar 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 26 Oct 16
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 26 Apr 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 27 Apr 18.

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