RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-01379

							COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was young and was unfairly represented at trial.  He is now a minister.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

On 16 Jul 88, the convening authority published General Court-Martial Order Number 10.  The applicant was found guilty of conspiracy to commit assault, robbery, and assault.  General Court-Martial Order Number 39, dated 30 Mar 89, reassessed the applicants sentence to confinement for 3 months, forfeiture of $447 pay per month for 3 months, reduction to airman basic, and BCD.

A request for post-service information was forwarded to the applicant on 10 Oct 17 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.  

The applicant has not submitted any new evidence or information that casts doubt on the outcome of his trial.  Although he contends he was unfairly represented at trial, he has not provided any evidence to support this claim.  The sentence adjudged and approved by the convening authority, as corrected by the Air Force Court of Military Review, was within the permissible range for the offenses of which the applicant was convicted.  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 8 May 18 for comment (Exhibit E), but has received no response. 

THE BOARD CONCLUDES:

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.  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-2017-01379 in Executive Session on 12 Jun 18:

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

Exhibit A:  Application, DD Form 149, dated 23 Feb 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 10 Oct 17.
Exhibit D:  Advisory opinion, AFLOA/JAJM, dated 14 Mar 18.
Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 8 May 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 regarding AFBCMR Docket Number BC-2017-0137.