RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00686

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions discharge be upgraded 
to Honorable.


APPLICANT CONTENDS THAT:

His Honorable discharge was revoked after an incident at the 
base gate.  

While leaving the base an airman at the gate instructed him to 
pull over, he tried to flee to avoid a possible ticket.  It was 
a bad mistake of which he paid dearly.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 Jan 
78.

On 12 Feb 79, the applicant received an Article 15, Nonjudicial 
Punishment, for violating Article 134, wrongful possession of 
marijuana. He was reduced in grade to airman basic and ordered 
to forfeit $50.00 per month for two months.  The reduction in 
grade was suspended.

On 6 Sep 79, the applicant received an Article 15, Nonjudicial 
Punishment, for two violations of Article 86, failure to go at 
the time prescribed to his appointed place of duty.  He was 
reduced in grade to airman basic and restricted to the limits of 
base for a period of 14 days. 

On 8 Dec 79, the applicant was convicted by a Special Court-
Martial for violating Article 111 (driving while intoxicated) 
and two specifications of Article 128 (assault).  He was 
sentenced to a Bad Conduct discharge, confinement at hard labor 
for two months and to forfeit $299.00 of pay per month for two 
months. 

On 4 Dec 81, the applicant was furnished an Under Other Than 
Honorable discharge, and was credited with 3 years and 8 months 
of active service.   

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 C.    


AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial indicating there is no evidence of 
an error or an injustice.  The requested relief cannot be done 
administratively.  The application is more than three years 
since the applicant was court-martialed and discharged. 

A complete copy of the AFLOA/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 19 Sep 14 for review and comment within 30 days 
(Exhibit D).  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-2014-00686 in Executive Session on 16 Dec 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 4 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFLOA/JAJM, dated 16 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 19 Sep 14.