RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03297

XXXXXXXXX	COUNSEL: NONE	

 	HEARING: NO	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His service record was good prior to his drug use.  His BCD affects his ability to find steady employment.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 5 Mar 84, the applicant was tried before a special court martial for one charge in violation of Article 134, Uniformed Code of Military Justice (UCMJ) with the following specifications:

a.	One specification of  wrongful use of marijuana

b.	Two specifications of wrongfully distributing marijuana

c.	One specification of  wrongful possession of marijuana

On 5 Mar 84, the applicant was tried before a special court martial for one charge and specification of failure to obey a lawful order, in violation of Article 92, UCMJ.

On 6 Mar 84, the applicant was sentenced to a BCD, confinement with hard labor for 6 months, forfeiture of $397 per month for 6 months, and a reduction to the grade of E-1. 

On 8 Aug 85, the applicant was discharged with a BCD discharge. 

A request for post-service information was forwarded to the applicant on 4 Nov 16 (Exhibit C), but no response has been received.

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  There is no evidence or allegation of an error or injustice that tends to undermine the sentence adjudged at court martial.  The complete advisory is at Exhibit D.

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.  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-2016-03297 in Executive Session on 19 Jun 18:

Panel Chair 
Panel Member
Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 Aug 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 21 Feb 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 8 May 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, Docket Number BC-2016-03297, required by AFI 36-2603, paragraph 4.11.9.