RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02276

BIENVILLE S. HAYWOOD	COUNSEL:  NONE
	
AKA BIENVILLE S. HASAN	HEARING:  NO

APPLICANT REQUESTS THAT:

The Board grant relief for the following:  

a.	Her court-martial conviction be removed.

b.	Her character of service be upgraded to honorable.

c.	She be reimbursed all back pay and allowances. 

APPLICANT CONTENDS THAT:

She was court-martialed for practicing her religion (Islam).  As a practicing Muslim, she was required to wear a Hajib; however, Air Force regulations at the time prohibited wearing the headdress.  Nevertheless, under current regulations, wearing a religious headdress is no longer an offense punishable by court-martial.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

On 4 May 84, the convening authority published Special Court-Martial Order No. 11.  The Order stated the applicant pled not guilty to one charge, one specification of missing a movement (Article 87) and one charge, one specification of willfully disobeying a superior commissioned officer (Article 90).  The applicant was sentenced to discharge from the service with a Bad Conduct Discharge (BCD) and reduction to the grade of Airman Basic (E-1).

On 2 Oct 17, a request for post-service information, including an FBI report, was forwarded to the applicant (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 presented any basis to set aside the sentence that was approved by the convening authority.  The applicant pled not guilty to, but was found guilty of both charges and their specifications and sentenced to reduction to E-1 and a BCD.  On appeal, the Air Force Court of Military Review affirmed the findings and sentence in the applicant’s case.  On 15 Jul 86, the Convening Authority affirmed the 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 May 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was 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 the absence of post-service information from the applicant.  However, the Board finds no basis for clemency in the case.  Regarding the applicant’s request for reimbursement of back pay and allowances, since we find no error in the discharge processing, we find no basis to grant this portion of her request.  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-2017-02276 in Executive Session on 9 Aug 18:

Mr. Clifford D. Tompkins, Panel Chair 
Ms. Marcia J. Bachman, Panel Member
Mr. William L. Troy, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Post Service Clemency Letter, w/atch, dated 2 Oct 17.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 30 Mar 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 11 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.