RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03857 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to general (under honorable conditions). APPLICANT CONTENDS THAT: His infraction was minor. His Airman Performance Reports were nearly perfect but that was not taken into consideration. He has had no infractions since that time. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force. He was discharged on 22 February 1985 with a bad conduct discharge. On 6 November 2014, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit C). As of this date, no response has been received by this office. The remaining relevant facts pertaining to this application is described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit D. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. The applicant was tried by a special court-martial convened at Nellis Air Force Base, Nevada. A military judge found the applicant guilty, in accordance with his plea, of one charge and two specifications, in violation of Article 134, Uniform Code of Military Justice, for wrongful use of marijuana and wrongful use of cocaine. On 31 May 1984, the military judge sentenced the applicant to be discharged with a bad conduct discharge, confined at hard labor for three months, to be reduced to the grade of airman basic and to forfeit $397.00 pay per month for three months. On 6 July 1984, the convening authority approved only so much of the sentence that provided for a bad conduct discharge, confinement at hard labor for two months, forfeitures of $397.00 pay per month for two months and reduction to airman basic. The record was forwarded to the Air Force Court of Criminal Appeals, who affirmed the findings and sentence. Final action was taken on the case on 19 February 1985. The punishment, adjudged by a military judge and approved by the convening authority, was within the range of permissible punishments. The applicant was afforded all of his appellate rights. In accordance with 10 USC 1552(f), the Board has no authority to overturn the court-martial conviction, but may only on the basis of clemency, correct actions taken by the reviewing authorities, i.e., the sentence. However, in this case, the applicant submitted no evidence in support of clemency. There was no error or injustice with the processing of the court- martial. The complete AFLOA/ JAJM evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 February 2015 (Exhibit E) for review and comment within 30 days. 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 error or injustice. We note 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), our actions 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, the seriousness of the offenses to which convicted. There was no evidence submitted attesting to the applicant’s post- service accomplishments to conclude that clemency is warranted at this time. In view of the above, we cannot recommend approval based on the current evidence of record. 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-2014-03857 in Executive Session on 30 April 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Sep 14, w/atch. Exhibit B. Applicant's Master Personnel Record Excerpts. Exhibit C. Letter, SAF/MRBR, dated 6 Nov 14, w/atch. Exhibit D. Letter, AFLOA/JAJM, dated 7 Jan 15. Exhibit E. Letter, SAF/MRBR, dated 17 Feb 15.