RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01326

	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded.  

APPLICANT CONTENDS THAT:

He was young and stupid.  He was the oldest of six children growing up without a father.  He hopes he can be forgiven for the wrong he did.  

In an additional e-mail, he requests his discharge be upgraded in order to have medical and mental healthcare.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

Per General Court-Martial Order Number 103 dated 8 Feb 99, the sentence to a BCD, confinement for two years, forfeiture of $500.00 pay per month for two years and reduction to the grade of airman basic, as promulgated in General Court-Martial Order Number 16 dated 28 Feb 97, was affirmed.  The sentence was adjudged on 31 Oct 96.   

On 2 May 18, the AFBCMR forwarded the applicant a request for post-service information; however, no response was 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 denial of the request as untimely.  Further, there is no legal basis to set aside the applicant’s court-martial sentence.    The applicant was tried by a general court-martial on 31 Oct 96 at Keesler AFB, MS for one specification and charge of maiming in violation of Article 128, Uniform Code of Military Justice (UCMJ), one specification and charge of making checks with intent to defraud in violation of Article 123a, UCMJ, and one specification and charge of breaking restriction in violation of Article 134, UCMJ.  The applicant pled not guilty to maiming and assault, but pled guilty to making and uttering checks with insufficient funds with intent to defraud and breaking restriction.  A panel found the applicant not guilty of maiming, but guilty of the remaining offenses.  On 28 Jul 98, the Air Force Court of Criminal Appeals affirmed the findings and sentence.  On 8 Feb 99, the convening authority approved the findings and sentence and ordered the BCD to be executed.   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 11 Jun 18 for comment (Exhibit E).  In response, he provides a letter of support from his former supervisor, which states the applicant was one of his best employees.  He was eager to learn, dependable and kind.  The complete response is at Exhibit F.  

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 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, 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-2017-01326 in Executive Session on 17 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atch, dated 15 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, w/atch, dated 2 May 18.
Exhibit D: Advisory opinion, AFLOA/JAJM, dated 4 Jun 18.  
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Jun 18.
Exhibit F.  Applicant’s response, w/atch, dated 21 Jun 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.