RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04740 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded. APPLICANT CONTENDS THAT: He has been federally employed with the General Services Administration (GSA) for six years and the upgrade of his discharge would benefit his career and his family. In support of his request, the applicant provides letters of support. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 28 June 2000, the applicant entered the Regular Air Force. According to General Court-Martial Order, Number 4, dated 2 May 2003, the applicant was court-martialed and pled guilty to three charges in violation of Article 107, Uniform Code of Military Justice (UCMJ) in that he made a false official statement to a security forces member with intent to deceive; Article 134, UCMJ in that he set fire to an automobile with intent to defraud the insurer; and Article 92, UCMJ dereliction in the performance of his duties for failure to use his government provided travel card for only authorized purposes. The sentence adjudged by the military judge on 21 March 2003 was a BCD, confinement for 18 months, forfeiture of all pay and allowances and reduction to the grade of Airman Basic (AB, E-1). The convening authority approved only so much of the sentence as provides for a BCD, 14 months confinement, forfeiture of all pay and allowance and reduction to the grade of AB. According to General Court Martial Order, Number 117, dated 9 April 2007, the United States Court of Appeals for the Armed Forces denied relief under Article 67, UCMJ. Accordingly, the sentence as adjudged was final. On 30 April 2007, the applicant received a BCD with a narrative reason for separation of “Court-martial (other).” On 18 December 2014, SAF/MRBR provided the applicant an opportunity to submit information pertaining to his activities since leaving the service (Exhibit C). As of this date, this office has not received a response. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. In Accordance With (IAW) 10 U.S.C. § 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. The applicant submitted three character letters from people who have known him within the past five years. While all the letters state the applicant is a hard worker, they do not rise to the level of extraordinary circumstances that would be persuasive in mitigating the sentence the applicant received for the crimes he pled guilty to at a court-martial. Additionally, ordinarily, an applicant must file an application within three years after an error or injustice is discovered. The applicant’s courts-martial occurred in 2003 with final action in 2007. Since he was on notice of the basis and characterization of discharge almost eight years ago, the application is untimely. Therefore, due to the late submission to the Board and the apparent lack of any legal error or injustice with the court-martial process, JAJM recommends the Board not grant relief. 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 20 January 2015 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, we do not find the evidence presented is sufficient for us to conclude that the applicant’s post-service activities warrant granting the relief sought. 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 members of the Board considered AFBCMR Docket Number BC-2014-04740 in Executive Session on 8 July 2015 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to BC-2014-04740 was considered: Exhibit A. DD Form 149, 26 September 20 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 18 December 2014, w/atch. Exhibit D. Memorandum, AFLOA/JAJM, dated 15 January 2015. Exhibit E. Letter, SAF/MRBR, dated 20 January 15.