RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05152 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to honorable. APPLICANT CONTENDS THAT: It has been more than ten years since his discharge and he has made no other mistakes since being discharged. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 15 Sep 99, the applicant entered the Regular Air Force. On 20 Mar 02, he received an Article 15, Uniformed Code of Military Justice (UCMJ) for wrongfully appropriating cable services. As punishment, he received a reduction in grade to Airman (Amn)/E-2, forfeiture of $619.00 per month for two months and 14 days of extra duty. The forfeiture of $619.00 per month was mitigated to $100.00 per month for two months on 3 Apr 02. On 29 Aug 02, by General Court-Martial Order No. 87, he pled guilty and was convicted of wrongful use of controlled substances (7 specifications). He was sentenced to a bad conduct discharge, confinement for 20 months and reduction in grade to Airman Basic (AB)/E-1. On 12 Aug 03, by General Court-Martial Order No. 184, the sentence to a BCD, confinement for 20 months and reduction in grade to AB promulgated in General Court-Martial Order No. 87 dated 29 Aug 02, was affirmed. On 15 Aug 03, the applicant received a bad conduct discharge due to court-martial. He was credited with 2 years, 10 months, and 15 days of active service. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial due to the late submission and lack of any legal error or injustice with the court-martial process. The punishment adjudged by the military judge and approved by the convening authority was within the range of permissible punishments. The applicant was afforded all his appellate rights. In accordance with 10 USC 1552(f), the Board has no authority to overturn the court-martial conviction buy may only on the basis of clemency, correct the actions taken by the reviewing authorities, i.e., the sentence. The applicant did not submit any matters in clemency. Additionally, ordinarily, an applicant must file an application within three years after an error or injustice is discovered or, with due diligence, should have been discovered. The applicant’s courts-martial occurred in 2002 with final action in 2003. Since he was on notice of the basis and characterization of discharge almost 12 years ago, the application is untimely. 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 23 Mar 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-05152 was considered: Exhibit A. DD Form 149, dated 15 Dec 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFLOA/JAJM, dated 20 Feb 15. Exhibit D. Letter, SAF/MRBR, dated 23 Mar 15. 1 2