RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00275

	COUNSEL: NONE

 	HEARING: NO	

APPLICANT REQUESTS THAT:

His Dishonorable discharge be upgraded to Under Honorable Conditions (General).

APPLICANT CONTENDS THAT:

He is deeply sorry for his actions.  He realizes now that not only did he disrespect himself, most importantly, he disrespected this great nation.  Since leaving the military, he has tried to better himself and become a productive member of society.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

On 25 Sep 90, the convening authority published General Court-Martial Order No. 79.  The Order stated the applicant was found guilty of one charge, three specifications of wrongfully distributing cocaine (Article 112A).  The applicant was sentenced to confinement for ten years, forfeiture of all pay and allowances, reduction to the grade of airman basic, and discharge from the service with a Dishonorable discharge.

On 28 Sep 92, after appellate review, the period of confinement was reduced to seven years.

On 16 Oct 92, the applicant was furnished a Dishonorable discharge, and was credited with 5 years, 11 months, and 16 days of active service time.

The applicant provides a certified copy of State of North Carolina Criminal Record Search dated 6 Sep 16, which shows arrests for driving under the influence (DWI) and driving left of center line.  The applicant also provides letters of support from his pastor and employer.  

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.  In accordance with 10 U.S.C. 1552(f), the Board has no authority to overturn the court-martial conviction, but may, on the basis of clemency, adjust the sentence.  The Air Force Court of Military Review (AFCMR) determined the confinement for ten years was unduly severe and reduced the period of confinement to seven years.  The applicant has not submitted any new evidence that suggests his sentence was unlawful.  There is no basis to conclude the dishonorable discharge was legally insufficient or that it should be set aside as a matter of law. 

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 22 Feb 18 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.  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.  However, the Board finds no basis for clemency in the case.  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-2017-00275 in Executive Session on 12 Jun 18:

All members voted not to correct the record.  The panel considered the following for Docket Number BC-2017-00275:

Exhibit A:	Application, DD Form 149, w/atchs, dated 13 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC to applicant, dated 4 Oct 17. 
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 21 Feb 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 22 Feb 18.

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