RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01962 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to general (under honorable conditions). APPLICANT CONTENDS THAT: He requests an upgrade of discharge based on the fact that the court-martial occurred 30 years ago. Also, the upgrade is necessary in order to have the opportunity to utilize benefits from the Department of Veterans Affairs (DVA), vote, and it would improve his self-esteem. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 11 August 1982. On 14 August 1986, the applicant was tried by a general court- martial for writing a check that was dishonored for insufficient funds. The applicant was found guilty in violation of Article 123a, Uniform Code of Military Justice (UCMJ). The applicant was also found guilty for the wrongful use and possession of a controlled substance, in violation of Article 112a, UCMJ. The applicant was sentenced to a dishonorable discharge, confinement for one year, forfeiture of all pay and allowances, and a reduction in grade to airman basic. The convening authority upgraded the applicant’s discharge to bad conduct. On 11 August 1986, the Air Force Court of Military Review affirmed the sentence. On 10 November 1986, the applicant’s petition to the United States Court of Military Appeals was denied. On 16 January 1987, the applicant was discharged in the grade of airman basic with a BCD under the provisions of General Court- Martial Order #5. He served 3 years, 8 months and 16 days on active duty. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. JAJM states they find no error or injustice with the court-martial proceedings which would warrant upgrading the applicant’s discharge characterization. JAJM’s complete evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 September 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 Chief, Military Justice Division and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2014-01962 in Executive Session on 5 February 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 March 2014, w/atchs. Exhibit B. Applicant’s Available Master Personnel Record. Exhibit C. Letter, AFLOA/JAJM, dated 23 June 2014. Exhibit D. Letter, SAF/MRBR, dated 29 September 2014.