RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04924

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Racial injustice and bias influenced his court-martial convictions and he deserves an upgrade to his service characterization.   He regrets his actions, is sorrowful for his negative bad decisions, and requests a second chance.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.  

On 7 Dec 71, the applicant was arraigned and tried in a General Court Martial and sentenced on 17 Dec 71 to confinement at hard labor for 5 months and forfeit $150 per month for 8 months.  The convening authority approved the sentence on 4 Mar 72 and on 16 May 72, the judge advocate general found the court-martial findings and sentence to be supported in law and the order accurately reflected the results of trial and action of the convening authority. The charges were as follows:
.
a.	Participating in a breach of the peace in violation of Article 80, UCMJ.

b.	Willfully disobeying a lawful order in violation of Article 90, UCMJ.

c.	Assault in violation of Article 128, UCMJ.

On 19 Oct 72, the applicant was arraigned and tried in a General Court Martial and sentenced on 20 Oct 72 to confinement at hard labor for 15 years, forfeit all pay and allowances and a BCD.  On 22 Feb 73, the convening authority limited his confinement to 12 years in clemency and approved the remaining sentence and the staff judge advocate concurred. The charges were as follows:

a.	Robbery in violation of Article 122, UCMJ.

b.	Attempted robbery and theft in violation of Article 80, UCMJ.

On 31 Jan 74, the applicant received an Under Other Than Honorable Conditions discharge and was credited with 1 year, 6 months and 20 days with 667 days lost. 

On 29 Aug 17, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

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 applicant failed to present sufficient evidence to demonstrate a legal error in his courts-martial convictions to warrant relief.  There is no basis in law to suggest that either of applicant’s sentences are an injustice warranting correction.  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 28 Nov 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.  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-2016-04924 in Executive Session on 16 May 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 6 Dec 16 and 19 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR to applicant, dated 29 Aug 17.
Exhibit D:	Advisory, AFLOA/JAJM to applicant, dated 8 Nov 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 28 Nov 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.