RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00032 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded. APPLICANT CONTENDS THAT: He had just received additional training to become a liaison for jurisdictional issues between military and civilian law enforcement operations. He was one of two NCO’s selected from his security forces squadron. He then began to utilize the techniques and training he had been given to gather information and intelligence off-duty without any official approval from the Air Force on law enforcement officials. He was approached by another military member in his squadron that had been relieved of duty and was pending discharge about drug purchases for recreational use. This then led to a court- martial. He contended that he had two options to plea for entrapment or to plead guilty to distribution, in which his sentence could be lightened. He realized that the military member who had initially approached him was sent by the Office of Special Investigation (OSI) as part of his personal plea deal. Since his discharge, he attended college, obtained employment, and has been actively involved in his community. In 2006, he founded Unity in Disasters and became heavily involved in disaster relief. In support of his appeal, the applicant provides recognition letters from the Governor of Georgia, the Catholic Charities of Atlanta, and the Georgia Director of Homeland Security, and several character reference letters. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 25 February 1980. On 25 January 1986, the applicant was tried by a general court- martial based on two specifications of the wrongful distribution of cocaine in violation of Article 112a, Uniform Code of Military Justice. The applicant plead not guilty (entered after military judge refused to accept guilty plea) to the Charge and its Specifications. The applicant was sentenced in accordance with his plea by a military judge to a BCD, confinement for six months, and reduction to the grade of Airman Basic. On 22 May 1986, the general court-martial convening authority approved the adjudged sentence. On 16 July 1986, the Air Force Court of Military Review found the approved findings and sentence were correct in law and fact. On 17 April 1987, the Court of Military Appeals denied the applicant’s petition for grant of review. On 22 July 1987, the convening authority ordered the BCD be executed. On 11 August 1987, the applicant was furnished a BCD, and was credited with 3 years, 7 months, and 29 days of active service, excluding lost time from 13 February 1986 through 13 July 1986. On 28 April 2014, a request for post-service information was forwarded to the applicant for review and comment within 30 days. In response, the applicant provided copy of his FBI Report (Exhibit D). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit E. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial, indicating there is no evidence of an error or an injustice with respect to the court-martial proceedings. In accordance with Title 10 U.S.C. §1552(f)(2), the Board may take “action on the sentence of a court-martial for purposes of clemency.” On 25 January 1986, the applicant was tried by a general court-martial based on the charge of wrongful distribution of cocaine. The applicant was found guilty in violation of Article 112a, Uniform Code of Military Justice (UCMJ). On 22 July 1987, the convening authority ordered the BCD be executed. A complete copy of the AFPC/JAJM evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 September 2014 for review and comment within 30 days (Exhibit F). 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, in the absence of any evidence related to the applicant’s post- service activities that would enable us to determine if his accomplishments since his discharge are sufficient to overcome the misconduct for which he was discharged, we find no basis upon which 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 AFBCMR Docket Number BC-2014-00032 in Executive Session on 2 December 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Dec 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 28 Apr 14. Exhibit D. FBI Report. Exhibit E. Memorandum, AFLOA/JAJM, dated 22 Apr 14. Exhibit F. Letter, SAF/MRBR, dated 15 Sep 14.