RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 		DOCKET NUMBER: BC-2015-02504

 				COUNSEL:  NONE

				HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.


APPLICANT CONTENDS THAT:

He believes the punishment was too severe for the alleged crime.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force.

On 21 November 1991, pursuant to a general court-martial, the 
applicant was found guilty of three specifications of unlawfully 
writing checks, with insufficient funds to pay, in violation of 
Article 123A, of the Uniform Code of Military Justice (UCMJ); 
three specifications of dishonorably failing to pay a debt, in 
violation of Article 134, UCMJ and two specifications of 
dereliction of duty, in violation of Article 93, UCMJ.

On 21 November 1991, he was sentenced to a bad conduct discharge 
and confinement for 12 months.

On 12 October 1994, the applicant was separated from the Air 
Force with a bad conduct discharge.  The narrative reason for 
separation was listed as court-martial (other). 

On 27 July 2015, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit C).  As of this date, no response has been received.   


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, Section 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 Uniform Code of Military 
Justice (UCMJ).  We have considered the applicant's overall 
quality of service, the court-martial conviction which 
precipitated the discharge, the seriousness of the offenses to 
which convicted and the absence of any documentation pertaining 
to his post-service activities.  Based on the evidence of 
record, we cannot conclude that clemency is warranted.  In view 
of the above, we cannot recommend approval based on the current 
evidence of record.

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-2015-02504 in Executive Session on 10 March 2016 under 
the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2015-02504 was considered:

	Exhibit A.  DD Form 149, dated 9 Jun 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 15.