RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00953

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His discharge be upgraded.

APPLICANT CONTENDS THAT:

He served time and made restitution for the $10 overdraft check and should not have received an under other than honorable conditions discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 1 February 1954.

According to Special Court-Martial Order No. 116, dated 4 August 1956, the applicant was found guilty of one specification of making and uttering a check without sufficient funds in violation of Article 134, Uniform Code of Military Justice (UCMJ) and two charges of failure to go in violation of Article 86, UCMJ.  The court sentenced the applicant to a bad conduct discharge, hard labor for three months, and forfeitures of $30 per month for three months.  On 26 July 1956, the convening authority approved only so much of the sentence as provided for the bad conduct discharge, hard labor for three months and forfeiture of $28 pay per month for three months.  On 18 September 1956, the convening authority ordered the unexecuted portion of the sentence to confinement to hard labor to be remitted. 

On 24 September 1956, the applicant was discharged with an under other than honorable conditions character of service and credit for 1 year, 9 months and 16 days of active service.

A request for post-service information was forwarded to the applicant on 27 September 2017, for review and comment (Exhibit C).  As of this date, no response has been received by this office.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application on the merits.  In addition, according to Title 10 United States Code, Section 1552(f), the Board has no authority to overturn a court-martial conviction, but may, adjust the sentence based on clemency.  The applicant has not submitted any evidence or information that casts doubt on the outcome of his court-martial.  The sentence was within the permissible range for the offenses of which the applicant was convicted.  Therefore, there is insufficient evidence to set aside the applicant’s court-martial sentence.  Whether the applicant’s sentence should be modified as a matter of clemency is within the purview of the Board.  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 May 2018, for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, the Board concludes that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFLOA/JAJM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  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 UCMJ.  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, in the absence of post-service information from the applicant, the Board finds no basis for clemency in this case.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2017-00953 in Executive Session on 26 July 2018:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 26 January 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post-Service Clemency Letter, w/atch, dated 27 September 2017.
Exhibit D:	Advisory Opinion, AFLOA/JAJM, dated 17 May 2018.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 22 May 2018.

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