RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03711

XXXXXXXXXXXXXXX	COUNSEL:  XXXXXXXXX
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His Bad Conduct discharge be upgraded to Honorable or General (Under Honorable Conditions).

APPLICANT CONTENDS THAT:

Counsel, on behalf of the applicant, contends the applicant is truly repentant about his transgressions and has reinvented himself since his discharge from the Air Force, to become a truly commendable professional and a pillar of his community.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic. 

On 28 Apr 97, the applicant was issued nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for:

a.	On or about 19 Mar 97 and on or about 1 Apr 97, failed to obey a lawful general regulation by wrongfully establishing an unprofessional relationship with an Airman.
b.	On or about 19 Mar 97 and on or about 1 Apr 97, failed to obey a lawful general regulation by wrongfully using email for unauthorized personal use.
c.	On or about 4 Apr 97, with intent to deceive, made an official statement that his relationship with the Airman was strictly professional, which statement was totally false, and was then known by him to be so false.

Applicant received a reduction to the grade of Technical Sergeant, suspended until 27 Oct 97, forfeiture of $1,040.00, and a reprimand.

On 26 Oct 99, under General Court-Martial Order No. 1, the applicant was arraigned at Brooks Air Force Base, Texas, on the following offenses:

a.	Charge I (Article 92), Specification 1:  on or about 6 Mar 98, violated a lawful general regulation by wrongfully engaging in sexual intercourse with a trainee.  Plea:  Guilty.  Finding:  Guilty.
b.	Charge I (Article 92), Specification 2:  on or about 1 Oct 96 and on or about 31 Oct 96, violated a lawful general regulation by wrongfully engaging in sexual intercourse with a trainee.  Plea:  Guilty.  Finding:  Guilty.
c.	Charge II (Article 107), Specification:  on or about 9 Jun 98, with intent to deceive, signed an official statement, which statement was totally false, and was then known to be so false.  Plea:  Guilty.  Finding:  Guilty.

Applicant was sentenced to a Bad Conduct discharge, confinement for one month (29 days), and reduction to the grade of Airman Basic (E-1).

On 16 Oct 01, under General Court-Martial Order No. 4, the applicant’s sentence was finally affirmed.

On 16 Oct 01, the applicant received a Bad Conduct discharge. 

On 4 Nov 16, a request for post-service information was forwarded to the applicant for comment (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.  There is no evidence or allegation of error or injustice.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluation to the applicant’s counsel and the applicant on 23 Aug 17, for comment (Exhibits E and F, respectively), and counsel, on behalf of the applicant replied on 25 Sep 17.  In his response, counsel, on behalf of the applicant, contended the request for correction is based solely upon clemency.  The applicant’s complete response is at Exhibit G.

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.  The applicant, through his guilty plea, accepted responsibility for his misconduct.  The court-martial was reviewed and affirmed by a military appellate court and approved by the convening authority.  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-2016-03711 in Executive Session on 26 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 21 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Clemency Letter, SAF/MRBC, dated 4 Nov 16
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 7 Feb 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to counsel, dated 23 Aug 17.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 23 Aug 17.
Exhibit G:	Applicant’s response, dated 25 Sep 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.