RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05091 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His dishonorable discharge (DD) be upgraded to honorable. APPLICANT CONTENDS THAT: He has become a more productive member of society since the incident that led to his discharge over 22 years ago. He has grown in multiple areas having been married and raising two daughters. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 17 Aug 90, the applicant entered the Regular Air Force. On 14 Jan 92, he received an Article 15, Uniformed Code of Military Justice (UCMJ) for writing two checks without sufficient funds. He received punishment of 22 days extra duty. He acknowledged receipt on 28 Jan 92. On 20 Jun 92, he received an overall “2 – Marginal Performer, not recommended for promotion at this time” on his initial Enlisted Performance Report (EPR) for the period 17 Aug 90 thru 19 Jun 92. On 22 Sep 92, he was tried by general court-martial and pled guilty to one charge and 22 specifications of larceny in violation of Article 121, UCMJ and one charge and 28 specifications of Article 134, UCMJ for stealing mail. He was sentenced to a DD, confinement for seven years, forfeiture of $200.00 pay per month for forty months and reduction to Airman Basic. On 16 Nov 92, by General Court-Martial Order No. 7, the sentence was approved as adjudged by the convening authority. On 27 Jun 94, by General Court-Martial Order No. 250, the sentence was affirmed for all findings with the exception of one specification. On 18 Aug 94, the applicant received a dishonorable discharge. He was credited with 1 year, 10 months, and 11 days of active service. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial due to the late submission to the Board, the lack of any clemency matters, and the nonexistence of any legal error or injustice with the court-martial process. The punishment adjudged and approved by the convening authority was within the range of permissible punishments. The applicant was afforded all of 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. The applicant submitted no new evidence or any tangible evidence in clemency. Ordinarily, an applicant must file an application within three years after an error or injustice is discovered or, with due diligence, should have been discovered. His court-martial occurred in 1992 with final action in 1994. Since he was on notice of the basis and characterization of discharge almost 21 years ago, the application is untimely. The complete 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 26 May 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-05091 was considered: Exhibit A. DD Form 149, dated 2 Dec 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFLOA/JAJM, dated 27 Apr 15. Exhibit D. Letter, SAF/MRBR, dated 26 May 15. 1 2