RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01022

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The applicant wants his bad conduct discharge upgraded to honorable, stating that he could have paid the money back.

APPLICANT CONTENDS THAT:

The applicant claims that his commanding officer was “out to get him”, that he was young and immature at the time.  In July 2015 he lost his leg below the knee and is requesting assistance with starting over.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.  

On 24 Sep 82, according to the DD Form 214 provided by the applicant, he received a Bad Conduct discharge with a narrative reason for separation of conviction by court-martial.  For more information, see the excerpt of the applicant’s record at Exhibit B, court documents at Exhibit C, and the advisory at Exhibit D.

On 28 Jan 2017, the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service.  As of this date, this office has not received a response (Exhibit F).  

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  The applicant’s military records did not contain any documentation of his court-martial conviction. As such, a military record does not exist to correct or review. The following cited facts were located on Lexis-Nexis, a program that provides data on Air Force appellate cases (Exhibit C).  On 24 Sep 81, the applicant was convicted of two specifications of uttering worthless share drafts, in violation of Article 123e, Uniform Code of Military Justice (UCMJ).  The approved sentence extended to a bad conduct discharge, confinement at hard labor for three months, and reduction to airman basic.  Because applicant received a BCD, he was entitled to appellate review of his case by the Air Force Court of Military Review.  The conviction was affirmed on 16 Mar 82.  The 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 11 Dec 17 for comment (Exhibit E), but has received no response.  The Board also sent an Acknowledgement and Clemency Letter requesting arrest records to the applicant on 28 Jan 17 (Exhibit F), 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.  Under the presumption of regularity, it appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  The Board also considered the applicant’s overall quality of service and the lack of post-service documentation and were not persuaded that an upgrade on the basis of clemency was warranted. 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-2017-01022 in Executive Session on 22 May 18:

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Mar 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	United States v Grubb dated 16 Mar 82
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 8 Nov 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Dec 17.
Exhibit F:	Acknowledgement and Clemency Letter to applicant dated 28 Jan 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 for Docket Number BC-2017-01022.