RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02785
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Bad Conduct discharge be upgraded to Honorable.
APPLICANT CONTENDS THAT:
It has been 27 years since his conviction and he has served his
sentence and paid all fines.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 26 Apr
88.
On 2 Feb 90, the applicant was found guilty of multiple
violations of Article 123, intent to defraud and multiple
violations of Article 121, theft during a General Court-Martial.
He was sentenced to a reduction in grade to airman (E-1),
forfeiture of $482.00 pay per month for four months, four months
confinement and a Bad Conduct discharge.
On 27 Sep 91, the applicant was furnished a Bad Conduct
discharge, and was credited with 3 years, 5 months, and 2 days
of active service.
A request for post-service information was forwarded to the
applicant on 7 Aug 14 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 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 applicants
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 applicants 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 applicants 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-2014-02785 in Executive Session on 5 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02785 was considered:
Exhibit A. DD Form 149, dated 17 Jul 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Information Bulletin.
AF | BCMR | CY2013 | BC 2013 04607
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