RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04524

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUESTS:

1.  The dishonorable discharge he received at his court-martial be corrected to a bad conduct discharge as mitigated by the Air Force Clemency and Parole Board’s decision dated 7 Dec 12.  (No action required)

2.  His discharge be upgraded to under honorable conditions (general).

APPLICANT’S CONTENTION:  

A discharge upgrade will allow him the chance for a better job for his family.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:  

The applicant entered the Regular Air Force on 23 June 2009.

The applicant was sentenced to a dishonorable discharge and confinement for one year via General Court-Martial Order No. 15, dated 31 July 2012. 

On 24 September 2012, the applicant requested mitigation of the dishonorable discharge to a bad conduct discharge, and on 6 December 2012, the Air Force Clemency and Parole Board ordered his dishonorable discharge be mitigated to a bad conduct discharge.

A DD Form 214, Certificate of Release or Discharge from Active Duty, dated 29 August 2017 was reissued changing the applicant’s character of service to “bad conduct.”

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application because there is no evidence of legal error in his court-martial action or undermines the conviction he received.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluation to the applicant on 18 Dec 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

1.  The application was 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.

THE BOARD RECOMMENDS:  The applicant be informed that the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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-2016-04524 in Executive Session on 5 April 2018:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 10 Nov 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFLOA/JAJM, dated 12 Dec 17.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 18 Dec 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.