RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02060

	COUNSEL: 
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He had problems meeting the Air Force weight standards and was going to be discharged because of this.  He became depressed and began using drugs with a woman of the streets.  He is not proud of the way he ended his career.  

He is an active member of his church and sings with a four man gospel group.  He and his fellow church members mentor high school students by way of song and testimony, he votes, been clean and sober for over 20 years.  He would like his discharge to be favorable and reflected as such in his obituary.  His punishment was too harsh.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 1 Sep 90, the convening authority published General Court-Martial Order No. 87.  The Order stated the applicant pled guilty to one charge, one specification for wrongfully using cocaine (Article 112a).  The applicant was sentenced to confinement for eight (8) months, forfeiture of $400.00 of pay for 8 months, reduction in grade to airman basic, and to be discharged with a Bad Conduct Discharge.

General Court-Martial Order No. 186, dated 27 Feb 91, affirmed the applicant’s sentence.

On 7 Mar 91, the applicant received a bad conduct discharge after serving 14 years, 10 months, and 10 days of active service.  

For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICANT’S REVIEW OF CLEMENCY BULLETIN.  The Board sent a copy of the Clemency Bulletin to the applicant for comment (Exhibit C); however, no response has been received.  

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

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.  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-2017-02060 in Executive Session on 11 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Bulletin, SAF/MRBC to applicant, undated.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.