RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03177

  	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His Bad Conduct Discharge be upgraded.

APPLICANT CONTENDS THAT:

He was discharged due to drinking and for being absence without leave (AWOL).  Program Rehabilitation would have discouraged him from going AWOL.  

Subsequently he participated in various programs and no longer drinks.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:
	
The applicant is a former member of the Air Force.  On 12 Aug 66, the convening authority published Special Court-Martial Order No. 39.  The Order stated the applicant pled guilty to one charge, two specifications for breaching restraint (Article 134) and an additional charge and one specification for escaping from correctional custody.  The applicant was sentenced to confinement at hard labor for six months, forfeiture of $60.00 per month for six months, and discharge from the service with a Bad Conduct Discharge.  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 claimant on 1 Nov 17 for comment (Exhibit C), but has received no response.  

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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-2017-03177 in Executive Session on 30 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Bulletin, dated 1 Nov 17.

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