RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04471

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded to General (under 
honorable conditions).


APPLICANT CONTENDS THAT:

His conduct was due to his circumstances at the time (natural 
disasters, divorce, and alcoholism).

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
21 Nov 86.

On 1 Nov 95, the applicant pled guilty and was found guilty at a 
General Court-Martial for wrongful appropriation and stealing of 
military property, in violation of Article 121, Uniform Code of 
Military Justice (UCMJ).  He was sentenced to a BCD, confinement 
for eight months, and forfeiture of $200 per month for six 
months, and reduction to the grade of airman basic (E-1).

On 6 Aug 96, the Air Force Court of Criminal Appeals affirmed 
the findings and sentence.

On 18 Feb 97, the Board of Review approved the findings and the 
sentence was executed.

On 10 Mar 97, the applicant was furnished a bad conduct 
discharge, and was credited with 10 years, 3 months, and 20 days 
of active service.   

A request for post-service information was forwarded to the 
applicant on 30 Jun 15, for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit E).
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 applicant was afforded all of his 
appellate rights.  In accordance with 10 U.S.C §1552(f), the 
Board may take action on the sentence of a court-martial for 
purposes of clemency.  However, the applicant has submitted no 
clemency evidence.  

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 5 Mar 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 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-2014-04471 in Executive Session on 13 Aug 15, under 
the provisions of AFI 36-2603:


The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-04471 was considered:

	Exhibit A.  DD Form 149, dated 29 Oct 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFLOA/JAJM, dated 27 Feb 15.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 15.
	Exhibit E.  Letter, SAF/MRBR, dated 30 Jun 15.