RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00958

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded to Honorable.

APPLICANT CONTENDS THAT:

His annual performance evaluations reflects that most of his service was honorable.  The sentenced he received included a demotion with a fine. He believes the charges were successfully countered as a reflected in the transcript.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic (E-1).  

On 12 Jul 78, the applicant was arraigned and tried in a Special Court Martial and sentenced on 21 Jul 78 to a BCD, forfeiture of $200 pay per month for three months, and reduction in grade to E-1.  The convening authority approved the sentence on 9 Nov 78 and on 9 Jul 79, the Staff Judge Advocate affirmed the court-martial findings and sentence. The charges were as follows:
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a.	On 19 Jan 78, the applicant wrongfully sold marijuana.

b.	On 20 Jan 78, the applicant wrongfully sold marijuana.

c.	On 31 Jan 78, the applicant wrongfully sold marijuana.

d.	On 31 Jan 78, the applicant wrongfully sold cocaine.

The applicant’s annual performance ratings while serving in the Air Force were:

Period of Supervision	  Overall Evaluation	
16 May 78 thru 15 May 79	                  9	
16 May 77 thru 15 May 78	                  9	
5 Oct 76 thru 15 May 77	                  9	
19 Mar 76 thru 4 Oct 76	                  8	
18 Mar 75 thru 18 Mar 76	                  8	

On 26 Jul 79, the applicant received an Under Other Than Honorable Conditions discharge and was credited with 4 years, 4 months and 9 days of total active service. 

On 29 Sep 17, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

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 to suggest the applicant’s court-martial was unsupported in law or fact or that the applicant was not afforded all of his procedural due process rights at his trials or during appellate review and the applicant has submitted nothing to substantiate his claims.  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 13 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.  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 no post service information was provided, 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-2017-00958 in Executive Session on 6 Jun 18:

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

Exhibit A:	Application, DD Form 149, dated 25 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR to applicant, dated 29 Sep 17.
Exhibit D:	Advisory, AFLOA/JAJM to applicant, dated 12 Feb 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 13 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 for BC-2017-00958.