RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00779 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to general (under honorable conditions). APPLICANT CONTENDS THAT: He did the crime and deserved the punishment. There has been no error or injustice against him by the military. He is ashamed and wants the opportunity to upgrade his discharge. He has tried to make amends for more than 30 years and would like to be forgiven for being young, dumb and senseless. The Board should find it in the interest of justice to consider his untimely application because he wanted his record corrected since his discharge and is thankful to have the opportunity. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty and several character reference letters. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 10 Nov 79, the applicant entered the Regular Air Force On 5 May 82, by Special Court-Martial Order No. 26, the applicant was found guilty of wrongfully using marijuana on or about Feb 80 to Jun 81 and for wrongfully possessing marijuana on or about 13 Jun 81, in violation of Uniformed Code of Military Justice (UCMJ), Article 134. The judge sentenced him to a BCD, to be confined at hard labor for three months, to be reduced in rank to E-1 and to forfeit $367.00 per month for three months. On 17 Jun 82, the Air Force Court for Military Review found the approved findings and sentence were correct in law and fact. On 11 Jul 83, the applicant received a BCD. He was credited with 3 years, 8 months and 2 days of active service. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. There is no evidence of an error or an injustice. The applicant was tried by special court- martial in which a military judge, in accordance with his plea, found him guilty of wrongful use and possession of marijuana, in violation of Article 112a, UCMJ. On 4 Mar 82, he was sentenced to confinement at hard labor for three months, reduced to the rank of E-1, forfeited $367.00 per month for three months and received a BCD. The applicant states he does not believe there was an error or injustice. He is very ashamed of what happened while in the military. He claims he has had over thirty years to make amends and has tried to do so. He has submitted letters supporting his request. The requested relief cannot be done administratively given the application was received more than three (3) years since he was court-martialed and discharged. In accordance with 10 U.S.C. §1552(f)(2), the Board may take “action on the sentence of a court-martial for purposes of clemency.” Based on the applicant’s submission and his record, JAJM does not believe an error or injustice occurred warranting a change to his sentence. The Board should however; consider the applicant’s post-service actions and supporting documentation in determining whether to grant clemency. The complete 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 28 Apr 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 took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to recommend granting relief on that basis. Therefore, 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 documentary evidence pertaining to AFBCMR Docket Number BC-2014-00779 was considered: Exhibit A. DD Form 149, dated 5 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFLOA/JAJM, dated 28 Apr 14. Exhibit D. Letter, SAF/MRBR, dated 15 May 14.