RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04694 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: His discharge characterization was an error because he had a spotless military career other than his court-martial. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 26 Feb 82. On 10 Oct 85, the applicant pled not guilty but was found guilty of writing several bad checks without sufficient funds, in violation of Article 123a, Uniform Code of Military Justice (UCMJ). He was sentenced at a General Court-Martial to a BCD, confinement for 12 months and reduction to the grade of Airman Basic (E-1, AB). On 13 Aug 86, the convening authority approved the sentence, but suspended the portion pertaining to reduction below the grade of Airman First Class and on 28 Nov 86, the BCD was executed. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denying the applicant’s request due to untimeliness or on its merits, indicating the applicant has not supplied any evidence of injustice. The applicant alleges no error in the processing of the court-martial conviction nor does his record of trial reflect any errors. The applicant’s sentence was well within legal limits and the BCD is a proper sentence and properly characterizes his service. The Air Force Court of Military Review approved and affirmed the findings and sentence. The Air Force Clemency and Parole Board denied the applicant’s request for clemency or restoration. The U.S. Court of Military Appeals denied the applicant’s request for review, making the case final and conclusive under the UCMJ. Additionally, the applicant’s application is untimely. An application must be filed within three years after an error or injustice is discovered or, with due diligence, should have been discovered. The court-martial occurred in 1985 with final action in 1986. A complete copy of the AFLOA/JAJM 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 10 Dec 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 an error or injustice. We note that 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 to the record to reflect actions taken by the reviewing officials and action on the sentence of the court-martial for the purpose of clemency. We find no evidence which indicates the applicant’s service characterization, which had its basis in his court- martial conviction and was a part of the sentence of the military court, was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice (UCMJ). We have considered the applicant’s overall quality of service, the court-martial conviction which precipitated the discharge, the seriousness of the offenses to which convicted. Based on the evidence of record, we cannot conclude that clemency is warranted in this case. We note the applicant has not provided any documentation related to his activities since leaving the service. Such documentation is essential to our ability to determine of the applicant’s post-service activities in his community are sufficient to overcome the misconduct for which he was court-martialed. Should the applicant provide such documentation describing these activities, we would be inclined to reconsider his application based on new evidence. Therefore, we find no basis upon which to favorably consider this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2012-04694 in Executive Session on 4 Jun 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Oct 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 26 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12.