RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03710 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His dismissal (court martial) be upgraded to an honorable discharge. APPLICANT CONTENDS THAT: The applicant provides no contentions. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 15 Sep 79. On 4 Nov 91, the applicant was dismissed (court martial), and was credited with 12 years, 1 month, and 20 days of active service. On 19 Sep 14, 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 (Exhibit C). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice. The applicant was tried by a general court-martial and was sentenced on 13 Jun 90. A military judge found the applicant guilty, in accordance to his pleas, of one charge and one specification of wrongful use of cocaine. The applicant was discharged with a dismissal, served six months in confinement, and forfeiture $2500.00 a month for six months. On 27 Sep 90, the convening authority approved the sentence as adjudged. On 15 Jan 91, the Air Force Court of Criminal Appeals affirmed the findings and sentence in whole. Final action was taken on the applicant’s case on 10 Oct 91. The punishment by the military judge was within the range of permissible punishments. 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. The applicant has submitted no evidence of clemency. A complete copy of the AFLOA/JAJM evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Feb 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. 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, and the seriousness of the offenses to which convicted. However, in the absence of any evidence related to the applicant’s post- service activities that would enable us to determine if his accomplishments since his discharge are sufficient to overcome the misconduct for which he was discharged, 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-2014-03710 in Executive Session on 14 May 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03710 was considered: Exhibit A. DD Form 149, dated 7 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 19 Sep 14. Exhibit D. Memorandum, AFLOA/JAJM, dated 6 Nov 14. Exhibit E. Letter, SAF/MRBR, dated 23 Feb 15.