RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01326 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded. APPLICANT CONTENDS THAT: The articles of judgments against him were racially motivated. He always let his superiors know what was going on prior to any issues he might have had returning to work. He used another airman’s motorcycle with his permission, but it broke down. When he tried calling the first sergeant, no one was there. This resulted in him receiving harsh treatment and an Article 15. He was called the “N” word and received death threats based on his race. Though he feared for his life, he received no help or protection from his superiors. His commander ordered him to take a psychiatric evaluation. In Jul 80, things went from bad to worse when he broke into the firework stand. He took full responsibility for his actions. The Board should find it in the interest of justice to excuse his failure to timely file his application because he has taken responsibility for his actions. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 26 Dec 78, the applicant entered the Regular Air Force as an E- 1. On 21 Nov 80, he was convicted by Special Court-Martial for larceny and for stealing fireworks valued at approximately $1395.06, in violation of the Uniformed Code of Military Justice, Article 121. He was sentenced to a BCD, to be confined at hard labor for six months, to forfeit $299.00 per month for six months, and to be reduced in rank to airman basic. On 4 Jan 82, the applicant received a BCD. He was credited with 2 years, 7 months, and 24 days of active service. On 1 Aug 2014, a request for post-service information was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. The applicant pled guilty to two charges, larceny (in violation of UCMJ, Article 121) and housebreaking (in violation of UCMJ, Article 130), in front of a special court-martial convened on 19 Aug 80. The applicant was sentenced to a BCD, confinement of six months, forfeiture of $299.00 per month for six months, and to a reduction in grade to E-1. On 11 Jun 81, the United States Court of Military Review reviewed and affirmed the findings of guilty. He was afforded an opportunity for rehabilitation but did not report on time for duty. The applicant was given the choice to leave rehabilitation, and selected that option. If the applicant had completed the program, he would have had the opportunity to return to duty following a review by the clemency and parole board, and a one year probation period. In accordance with 10 U.S.C. § 1552(f)(2), the Board may take "action on the sentence of a court-martial for purposes of clemency." JAJM does not believe there is any error or injustice with the court-martial process which would warrant changing the applicant's approved court-martial sentence. The complete JAJM evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: There has been a cover-up regarding his reporting of death threats. He was not lying when he received those death threats. The major and his superior had it out for him. About six months before he filed his application, he ran into a fellow sergeant stationed at the base the same time he was. This sergeant convinced him to file his application because he also believed the major had it out for him. The applicant’s complete review is at 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 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2014-01326 was considered: Exhibit A. DD Form 149, dated 17 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFLOA/JAJM, dated 4 Jul 14. Exhibit D. Letter, SAF/MRBR, dated 1 Aug 14. Exhibit E. Letter, Applicant, dated 12 Aug 14.