RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02886

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His 1978 court-martial be removed from his records.


APPLICANT CONTENDS THAT:

While stationed in the Philippines he was forced and coerced into 
to buying and selling items to the Black Market.  He was in fear 
of his girlfriend being killed.

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


STATEMENT OF FACTS:

On 11 Aug 76, the applicant commenced his enlistment in the 
Regular Air Force.

On 10 Aug 78, the applicant was tried by Special Court-Martial.  
He was charged with three specifications of purchasing tax-exempt 
goods and transferring them to a non-tax exempt person in 
violation of Article 92, Uniform Code of Military Justice (UCMJ).  
The applicant transferred two watches, a gold bracelet, two rings, 
a television, a receiver, a turntable, and two speakers.  The 
applicant was also charged with eight specifications of writing 
checks on insufficient funds in violation of Article 123a, UCMJ.  
He pled guilty to all charges and specifications.  He was 
sentenced to hard labor for three months, forfeiture of $130.00 
per month for six months, and a reduction to the grade of E-2.  On 
18 Sep 78, the convening authority approved the conviction and 
sentence.

On 24 Oct 80, the applicant was furnished an honorable discharge, 
and was credited with 3 years, 11 months, and 29 days of active 
service.  He had two months and 14 days of lost time. 

On 7 Jan 15, a request for post-service information and a Federal 
Bureau of Investigation (FBI) background check was forwarded to 
the applicant (Exhibit E).  As of this date, no response has been 
received by this office. 


AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial indicating there is no evidence of an 
error or an injustice.  The application was submitted more than 
three years since the alleged error.  The Board is without 
authority to remove court-martial convictions.  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.  The 
applicant has not provided any evidence to warrant clemency.  

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 7 Jan 15 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.  
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the requested relief.


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-2014-02886 in Executive Session on 16 Jun 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 17 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFLOA/JAJM, dated 4 Dec 14.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Jan 15.
	Exhibit E.  Letter, SAF/MRBR, dated 7 Jan 15.