RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-01597

XXXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded.

APPLICANT CONTENDS THAT:

He has been a model citizen since he was discharged.  He had outstanding service, other than the incident for which he was discharged.  He wants to receive Department of Veterans Affairs (VA) medical benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

Attempts were made to obtain copies of his Master Personnel Records from the National Personnel Records Center (NPRC); however, only minimal documents were received.  NPRC indicated the applicant’s records would have been in the area that suffered the most damage in the fire on 12 Jul 73.  

On 9 Mar 54, the applicant received a BCD, by court-martial and had 335 lost days.

A request for post-service information was forwarded to the applicant on 3 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 Exhibits D.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  

The applicant’s personnel file does not contain his court-martial order.  In a court-martial, during the sentencing phase, the government presents evidence of the past conduct, performance, and duty history of the accused, and any matters in aggravation that make the accused’s offenses more severe than other instances of similar misconduct.  The accused is then given the opportunity to rebut evidence presented and to submit any evidence which would diminish the severity of his offenses.  It is with a full picture the court-martial fashions an appropriate sentence.  The applicant has not submitted any new evidence or information that supports setting the sentence aside.

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), 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.  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.  The discharge was not unduly harsh or disproportionate to the offenses committed.  The Board considered upgrading the discharge based on clemency; however, given the evidence presented, 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-2017-01597 in Executive Session on 17 Jul 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following regarding AFBCMR Docket Number BC-2017-01597:

Exhibit A:  Application, DD Form 149, dated 22 Feb 18.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 3 Oct 17.
Exhibit D:  Advisory opinion, AFLOA/JAJM, dated 26 Apr 18.
Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 11 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.