RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04439

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His records be corrected to reflect that he only served 179 days 
in confinement, allowing him to purchase a firearm.


APPLICANT CONTENDS THAT:

He was wrongfully denied the opportunity to purchase a firearm 
due to his erroneous Federal Bureau of Investigation (FBI) 
records.  He only spent 179 days in confinement and not over a 
year as stated by the FBI as their reason for denying him the 
opportunity to purchase a firearm.

The Board should find it in the interest of justice to consider 
his untimely application because he completed his punishment, 
served honorably, and other than this one incident, he retired 
with an outstanding record 

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


STATEMENT OF FACTS:

On 24 Jul 87, the applicant entered the Regular Air Force.

On 10 Jun 03, the applicant pled guilty and was found guilty of 
one specification of wrongfully making and uttering checks 
without sufficient funds, one specification of larceny in 
violation of Articles 121, of the Uniform Code of Military 
Justice (UCMJ).  He was sentenced at a General Court-Martial to 
confinement for 179 days and reduction to the grade of Airman 
(Amn, E-2). 

On 1 Jan 08, the applicant retired from active duty and was 
credited with 20 years and 14 days of total active service.


?
AIR FORCE EVALUATION:

AFLOA/JAJM recommends no action, indicating the applicant’s 
records appear to be correct.  The conviction triggers the 
application provisions of the United States Code (USC) 
prohibiting him from purchasing a firearm.  According to Title 
18, USC, Sections 921(a)(20) and 922(g)(1), “A person who has 
been convicted in any court of a crime punishable by 
imprisonment for a term exceeding one year or any state offense 
classified by the state as a misdemeanor and is punishable by a 
term of imprisonment of more than two years” is prohibited from 
purchasing or owning a firearm.  The applicant was convicted of 
larceny and the maximum sentence for his charge was a 
dishonorable discharge, confinement for 10 years, forfeitures of 
all pay and allowances and reduction to Airman Basic (E-1).

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 20 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 
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-2014-04439 in Executive Session on 8 Jul 15 under the 
provisions of AFI 36-2603:

	                     , Panel Chair
	                  , Member
	                    , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 27 Oct 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFLOA/JAJM, dated 8 Jan 15.
	Exhibit D.  Letter, SAF/MRBR, dated 20 Jan 15.