RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03182 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to honorable. APPLICANT CONTENDS THAT: The character statements he provides from the two people who see him every day should be considered. The Board should find it in the interest of justice to consider his untimely application because he has completed college and has worked in the same job for two years. In support of his request, the applicant provides copies of character statements. His complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 9 January 2001, the applicant entered the Regular Air Force. According to General Court-Martial Order No. 20 dated 26 February 2003, the applicant pled and was found guilty of one specifications of attempted possession of ecstasy and one specification of attempted distribution of ecstasy, in violation of Article 80, Uniform Code of Military Justice (UCMJ), one specification of wrongful use of methamphetamine and one specification of wrongful use of marijuana, in violation of Article 112a, UCMJ, and one specification of absence without leave, in violation of Article 86, UCMJ. According to General Court-Martial Order No. 1 dated 4 October 2005, on 24 September 2002, a military judge sentenced the applicant to be discharged with a BCD, to serve 20 months confinement, to be reduced from the grade of airman first class (E-3) to the grade of airman basic (E-1), and forfeiture of all pay and allowances. On 27 October 2005, he was separated with a BCD. He served 3 years, 9 months and 9 days of active service. ? On 17 November 2014, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C), as of this date, no response has been received by this office. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. The punishment adjudged by the panel of officer members and approved by the convening authority was within the range of permissible punishments. The applicant was afforded all his appellate rights. In accordance with 10 USC 1552(f), the Board has no authority to overturn the court-martial conviction but may only on the basis of clemency, correct the actions taken by the reviewing authorities, i.e., the sentence. In this case the applicant submitted two letters as evidence in clemency, both from people who have known him for the past two years. While the letters state they do not know of any issues the applicant has had over the past two years, they are both untimely and not sufficiently persuasive to overturn or affect the decisions of the court. The complete AFLOA/JAJM evaluation is at Exhibit C. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 28 November 2014, a copy of the Air Force evaluation was forwarded to the applicant 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, § 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 UCMJ. We considered upgrading the discharge on the basis of clemency; however, based on the court-martial conviction which precipitated the discharge, the seriousness of the offenses of which he was convicted, and noting the lack of documentation pertaining to his post-service activities, we cannot conclude that clemency is warranted. In view of the above, we cannot recommend approval based on the current evidence of record. 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 this application in Executive Session on 9 April 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03182 was considered: Exhibit A. DD Form 149, dated 14 July 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 17 November 2014, w/atch. Exhibit D. Letter, AFLOA/JAJM, dated 4 November 2014. Exhibit E. Letter, SAF/MRBR, dated 28 November 2014.