RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03968
	COUNSEL: 

	HEARING: YES

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded.  

APPLICANT CONTENDS THAT:

He was convicted by a court-martial for using cocaine.  His son died three years earlier in a car accident and his life began to spiral out of control.  He makes no excuses for what he did but his son’s death changed him.  He replaced his grief with drug use.  Before his court-martial conviction, he completed in-patient drug rehabilitation, which was the start of his recovery.  

After his incarceration, he attempted to become a role model.  He has had several jobs and has always been placed into supervisory and management positions.  In later years, he found a stable career with US Foods.  He is financially secure, purchased a home, rebuilt his credit and has become a strong leader in his church and community.  He is married and they have beautiful children and grandchildren.

He has made many mistakes in life but the largest was ending his career with the Air Force.  He has worked hard to become the man he is today.  In further support of his request, he provides letters of support from his wife, pastor and others. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic (AB).    

General Court-Martial Order Number 12 dated 17 Nov 89, reflects the applicant was charged and found guilty of one charge, one specification of wrongfully using cocaine.  He was sentenced to a BCD, confinement for 10 months, forfeiture of $299.00 pay per month for 10 months and reduction in grade to AB.  

On 23 Nov and 9 Dec 16, the AFBCMR afforded the applicant an opportunity to provide information pertaining to his post-service activities; however, no response has been received.  

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  The BCMR has no authority to overturn the court-martial conviction, but may on the basis of clemency adjust the sentence.    The applicant details in his petition for clemency his post-military service and civilian employment.  He submits for consideration, character letters detailing his contributions to society, personal growth and dedication to his community and service to others since his conviction.  He furthermore relays the loss of his son in a tragic car accident preceding his misconduct.  All these matters should be considered, along with other information submitted by the applicant in determining whether any form of clemency is warranted.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 8 May 17 for comment (Exhibit F).

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 error or injustice.  This Board is without authority to reverse, set aside, or otherwise expunge a court-martial conviction.  Rather, in accordance with Title 10, United States Code, Section 1552(f), actions by this Board are limited to corrections reflecting actions taken by the reviewing officials and action on the sentence of the court-martial for the purpose of clemency.  The Board finds no evidence that indicates the sentence of the military court was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice.  The Board also considered the applicant’s overall quality of service, the seriousness of the offenses of which the applicant was convicted, and all available post-service information.  Although the Board finds no basis for clemency at this time, the Board would be willing to reconsider his request should he provide an FBI arrest record.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2016-03968 in Executive Session on 24 Apr 18:

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 23 Nov 16.
Exhibit D:	Letter, AFBCMR, dated 9 Dec 16.  
Exhibit E.  Advisory, AFLOA/JAJM, dated 10 Feb 17.  
Exhibit F:	Letter, AFBCMR, dated 8 May 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.