RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00348

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His Bad Conduct discharge has created a barrier in pursuing his chosen career field.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant’s master personnel record is very limited.  From the applicant’s submission and his limited record, he is a former Air Force airman basic.

Per AF Form 899, Request and Authorization for Permanent Change of Station – Military, the applicant was on appellate leave pending appellate review of a punitive discharge in Mar 89.

A request for post-service information was forwarded to the applicant on 21 Sep 17, (Exhibit C).  As of this date, no response has been received.

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 as no record exists for the BCMR to correct.  Applicant pled guilty at a special court-martial in 89 of one charge and specification of larceny in violation of Article 121, UCMJ, and one charge and specification of forgery in violation of Article 123, UCMJ.  In summary, the applicant found a wallet left on a soda machine in his dormitory and not only removed the cash in the wallet but subsequently forged a bank withdrawal slip and removed $600 from the account of a fellow Airman.  For this misconduct, he received a BCD, confinement for two months, forfeiture of $400 pay per month for two months, and a reduction in grade to E-1 (from E-4).  The Convening Authority approved his sentence as adjudged.  Because the applicant received a BCD, he was entitled to appellate review of his case by the Air Force Court of Military Review.  No errors were alleged in his trial, and none were found by the appellate court, which found his conviction and sentence correct in law and fact and affirmed his conviction on 28 Apr 89.

The applicant’s records contain no additional documentation related to his court-martial or his discharge, nor did the applicant submit any documentation, thus, there is no record for the BCMR to correct.

The complete advisory, with attachment, 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 23 Mar 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

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 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-2017-00348 in Executive Session on 27 Jun 18:

The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 10 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter and Clemency Bulletin, 21 Sep 17.
Exhibit D:	Advisory opinion, AFLOA/JAJM, w/atch, dated 18 Jan 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 23 Mar 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.