RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04479

XXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to a general (under honorable conditions) discharge.

APPLICANT CONTENDS THAT:

He served with honor and distinction for the majority of his 10 years and 9 months Air Force career.  He became upset and distraught over issues with his spouse and tried to drown his sorrows in alcohol and marijuana, which caused a downward spiral in in family life and Air Force career.  His lapse in good judgment and poor decision ended his promising Air Force career and retirement, which haunts him to this day.  His personnel records should be reviewed and he be forgiven for his grave mistake.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic (E-1).

On 24 October 1988, the applicant pled guilty and was found guilty at a Special court-martial (SPCM) for one charge and specification for use of marijuana, in violation of Article 112a, of the Uniform Code of Military Justice (UCMJ)).  He was sentenced to confinement for three months, reduction in grade to airman basic, and a BCD.

On 23 November 1988, the convening authority approved the sentence, except for the execution of the BCD, and the sentence to confinement was deferred from 24 October 1988 until 26 October 1988.   

On 22 June 1989, Special Court-Martial Order No. 25 was issued ordering the execution of the applicant’s BCD.

On 30 June 1989, the applicant received a BCD, with a narrative reason for separation of “Conviction by court martial- other than desertion.”  

On 26 December 2017. A request for post-service information was forwarded to the applicant for comment within 30 days.  As of this date, no response has been received by this office (Exhibit C). 

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

THE BOARD CONCLUDES THAT:

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.  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 application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2017-04479 in Executive Session on 10 July 2018:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2017-04479:

Exhibit A:	Application, DD Form 149, w/atchs, dated 3 October 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, w/atch, dated 26 December 2017.

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 AFBCMR Docket Number BC-2017-04479.