RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01115 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded and all information related to his incarceration removed. APPLICANT CONTENDS THAT: He was coerced into obtaining marijuana for a fellow airman on three occasions. The amount he obtained would be considered a misdemeanor in the civilian world. He served eight months in confinement but since that time he has been a model citizen. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 19 Nov 85, he enlisted in the Regular Air Force. On 4 May 88, the applicant pled guilty and was found guilty of two specifications of wrongfully distributing marijuana, one specification of wrongful use of marijuana, wrongful possession of cocaine, and wrongful possession of marijuana in violation of Article 112a, of the Uniform Code of Military Justice (UCMJ). He was sentenced at a General Court-Martial to a BCD, confinement for 17 months, forfeiture of $570 pay per month for 17 months, and reduction to the grade of Airman Basic (AB, E-1). On 13 Jun 88, the convening authority approved only so much of the sentence as called for the BCD, confinement for one year and one day, forfeiture of $447 pay per month for 12 months, and reduction to the grade of AB. The BCD was not executed pending appellate review. On 26 Oct 88, the appellate authority approved the sentence and executed the BCD. On 26 Oct 88, the applicant received a BCD, and was credited with 2 years, 5 months, and 15 days of total active service. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice. The punishment adjudged and approved by the convening authority was within the range of permissible punishments. There is no evidence or claim that the applicant was not afforded all his appellate rights. In accordance with 10 USC 1552(f), the Board has no authority to overturn the court-marital conviction but may only on the basis of clemency, correct the actions taken by the reviewing authorities, i.e., the sentence. The applicant alleges he was entrapped into a controlled buy for the marijuana. The applicant had the opportunity to present this to the court-martial. Accordingly, no new evidence has been presented. Additionally, final action was taken in 1988, over 25 years ago, so the application is untimely. A complete copy of the AFLOA/JAJM evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a Georgia Criminal History Record Information, dated 10 Jul 15, indicating that as of this date, he does not have a criminal history in the state of Georgia. 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 find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. In the interest of justice, we considered upgrading the discharge based on clemency. 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 relief sought. 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-2015-01115 in Executive Session on 29 Oct 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Feb 15. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 17 Apr 15, w/atch. Exhibit D. Memorandum, AFLOA/JAJM, dated 5 Jun 15. Exhibit E. Letter, SAF/MRBR, dated 18 Jun 15. Exhibit F. Criminal History Record, Applicant, dated 10 Jul 15.