RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01357 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His bade conduct discharge (BCD) be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM reviewed this application and recommends denial. A complete copy of the 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 2 Jul 10 for review and response within 30 days. 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 probable error or injustice. We are not persuaded by the evidence presented that the characterization of service received by the applicant should b changed. The applicant’s discharge was based on his trial and conviction by a special court-martial. While law precludes us from reversing a court-martial conviction, we are authorized to correct the records to reflect actions taken by reviewing officials and to take action on the sentence of a military court based on clemency. There is nothing in the available record that would cause us to disturb the actions of the reviewing officials in this case. Therefore, we find no basis 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 this application in Executive Session on 19 Aug 10, under the provisions of AFI 36- 2603: The following documentary evidence for Docket Number BC-2010- 01357 was considered: Exhibit A. DD Form 149, dated 8 Jan 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 3 Jun 10. Exhibit D. Letter, SAF/MRBR, dated 2 Jul 10.