RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03155

	COUNSEL: NONE	

 	HEARING: NO	

APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions (UOTHC) discharge be upgraded to Honorable.

APPLICANT CONTENDS THAT:

His 5 years and 6 months of unblemished and exemplary conduct that preceded his Article 15 and court martial be justification for a discharge upgrade.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Sergeant.  

 On 12 April 84, applicant was notified of his commander’s intent to impose Non-Judicial Punishment (NJP) on him pursuant to Article 15, Uniformed Code of Military Justice (UCMJ), for one charge and specification of dereliction of duty in violation of Article 92, Uniformed Code of Military Justice (UCMJ).  

On 22 Oct and 17 Nov 86, the applicant was convicted by a special court-martial on one charge and specification of wrongful use of cocaine, Article 112a, UCMJ.  He was sentenced to a Bad Conduct Discharge (BCD), forfeiture of $426.00 pay per month for one month, hard labor without confinement for one month, and reduction to the grade of E-1.  The convening authority suspended the period of hard labor for six months at which point it would be remitted without further action, but otherwise approved the sentence on 18 December 1986.

On 16 Apr 87, the applicant’s case underwent appellate review at the Air Force Court of Military Review (AFCMR).  The AFCMR reversed and set aside the findings and sentence in applicant’s case.

On 8 May 87, the convening authority ordered a rehearing, which is authorized under Rule for Court Martial 810.  

On 19 Jun 87, the applicant requested that he be administratively discharged in lieu of being court martialed again for the drug offense.

On 30 Jun 87, the applicant’s commander approved his request and directed that he be separated with a UOTHC discharge.

On 8 Jul 87, the applicant was discharged from the Air Force.

On 7 Oct 87, the convening authority formally dismissed the charges against the applicant citing the applicant’s administrative discharge.

A request for post-service information was forwarded to the applicant on 24 Oct 16 (Exhibit C), but no response has been received.

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 error or injustice that tends to undermine the NJP he received.  The applicant appealed to the Air Force Discharge Review Board (AFDRB) in 1988, but they declined to grant him the relief he requested.  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 Jun 17 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

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.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Should the applicant provide a FBI report, the Board would be willing to reconsider his request.  In view of the above, 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-2016-03155 in Executive Session on 19 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	 Letter, AFBCMR, dated 4 Nov 16.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 16 Feb 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 1 Jun 17.

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