RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03497

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to an honorable.

APPLICANT CONTENDS THAT:

He never possessed a marijuana joint at the party and should not have been charged for it.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.  

On 11 Oct 89, the convening authority published General Court-Martial Order No. 1.  The Order stated the applicant pled not guilty to one charge and specification of conspiring with another person to wrongfully possess marijuana (Article 81), one charge and two specifications of wrongful possession and use of marijuana (Article 112a), and one charge and specification of wrongful and unlawful endeavor to influence the testimony of a witness (Article 134).  The applicant was found guilty of wrongful possession and use of marijuana (Article 112a) and sentenced to forfeiture of $466 pay for six months, confinement for six months, reduction to the grade of Airman Basic, and discharge from the service with a Bad Conduct Discharge.

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  In accordance with 10 U.S.C. §1552(f), the BCMR has no authority to overturn the court-martial conviction, but may, on the basis of clemency, adjust the sentence.  Applicant has not submitted any new evidence or information that casts doubt on the outcome of his courts-martial.  The sentence adjudged and approved by the convening authority was within the permissible range for the offense of which the applicant was convicted.  We have reviewed the applicant’s courts-martial action and find no basis to set it aside. Whether the applicant’s sentence should be modified as a matter of clemency is within the purview of the BCMR.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 24 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 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-2017-03497 in Executive Session on 27 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 May 15.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 21 May 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 24 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 for Docket Number BC-2017-03497.