RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01106 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He served seven years of active service that was outstanding and his discharge should reflect his outstanding service. He also wants the entitlements for seven years of outstanding service. 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 30 Oct 90. On 4 Feb 98, the applicant pled guilty and was found guilty at a General Court-Martial of one specification of wrongful use of marijuana, one specification of wrongful use of cocaine, and one specification of larceny in violations of Articles 112a and 121, respectively, of the Uniform Code of Military Justice (UCMJ). He was sentenced to a BCD and confinement for 15 months. On 6 Mar 98, the convening authority approved the finding and sentence and directed that $200 pay per month of the required forfeiture be waived to support the applicant’s dependent daughter. On 21 Oct 98, the Air Force Court of Criminal Appeals approved the finding of guilty and the sentence and the BCD was executed on 19 Feb 99. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility 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. Also, 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. He pled guilty to the charge and specifications and had the opportunity to demand the government prove the offenses against him. He made an unsworn statement on his behalf, taking full responsibility for his mistakes and asked for leniency. Additionally, the applicant was granted parole and, on 8 Jun 99, his parole was revoked due to use of marijuana and unauthorized tampering of a motor vehicle. Additionally, the applicant’s request 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 took place in 1998 and final action on the case occurred in 1999. 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 28 May 13 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 error or injustice. We note 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), our actions 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, and the seriousness of the offense 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 if 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-2013-01106 in Executive Session on 12 Dec 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Mar 13. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 29 Apr 13. Exhibit D. Letter, SAF/MRBR, dated 28 May 13. Panel Chair