RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04717 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to general. _________________________________________________________________ APPLICANT CONTENDS THAT: Over 20 years ago, he served his time for making poor decisions. He is hoping that by taking responsibility for his actions the Board will grant him an upgrade. The applicant does not provide any supporting documentation. His complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 30 Jun 79. He received a BCD on 15 May 84 in the grade of airman basic (E- 1). Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. JAJM states the applicant was afforded all of the procedural rights offered by the court- martial and appellate process. In addition, the applicant’s case was automatically referred and reviewed by the Air Force of Military Review; however, there was no evidence of error or injustice in the process of his case. While clemency may be granted under 10 U.S.C. 1552(f)(2), the applicant provides no justification for his request; therefore, clemency is not warranted in this case. Although the applicant states he deserves clemency because he was young when he committed the offenses and he has taken responsibility for his actions, unfortunately for him, he has not provided any supporting documents to show how he has taken responsibility for his actions. To overturn the applicant’s punishment now would require the Board to substitute its judgment for that rendered by the court and the convening authority over 28 years ago when the facts and circumstances were fresh. Additionally, clemency in this case would be unfair to those individuals who honorably served their country while in uniform. The AFLOA/JAJM complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 Feb 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We considered upgrading his discharge based on clemency; however, we do not find the evidence presented is sufficient to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04717 in Executive Session on 7 Jun 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Dec 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 7 Feb 11. Exhibit D. Letter, SAF/MRBR, dated 18 Feb 11.