RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-04313
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her Bad Conduct Discharge (BCD) be upgraded.
APPLICANT CONTENDS THAT:
She made mistakes almost 18 years ago but has grown up since her
court-martial. She acknowledges that her behavior was
unacceptable but is requesting her discharge be upgraded in
order for her to have better job opportunities.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the applicants DD Form 214, Certificate of Release
or Discharge from Active Duty, on 26 Jul 95, she enlisted in the
Regular Air Force.
On 6 May 97, the applicant pled guilty and was found guilty of
one specification of wrongfully making and uttering checks
without sufficient funds, one specification of wrongful use of
marijuana, and one specification of wrongfully distributing
marijuana in violations of Articles 123a and 112a, respectively,
of the Uniform Code of Military Justice (UCMJ). She was
sentenced at a General Court-Martial to a BCD, confinement for
nine months, and forfeiture of all pay and allowances.
On 13 Mar 98, the applicant received a BCD, and was credited
with two years and two days of total active service.
On 13 Nov 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit C).
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. The applicants has not supplied
any evidence of injustice. To upgrade the applicants discharge
now would require the Board to substitute its judgment for that
rendered by the trial court, the convening authority and the
appellate courts almost 18 years ago when the facts and
circumstances were fresh. Not only was the applicant found
guilty of the offenses, her sentence was then affirmed by the
appellate courts and executed. She would have also been
afforded all appellate rights. 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 applicants court-martial occurred in 1997 with
final action in 1998. The application is untimely.
Under 10 U.S.C. § 1552(f), the Boards ability to correct
records related to courts-martial is limited. Specifically,
section 1552(f)(1) permits the correction of a record to reflect
actions taken by a reviewing authority under the UCMJ.
Additionally, section 1552(f)(2) permits the correction of
records related to action on the sentence of courts-martial for
the purpose of clemency. Apart from these two limited
exceptions, the effect of section 1552(f) is that the Board is
without authority to reverse, set aside, or otherwise expunge a
court-martial conviction that occurred on or after 5 May
1950 (the effective date of the UCMJ). The applicant provides
no additional evidence or clemency to help support her claim.
The complete 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 23 Dec 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
The 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. The 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 applicants 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 members of the Board considered AFBCMR Docket
Number BC-2014-04313 in Executive Session on 10 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Oct 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 13 Nov 14.
Exhibit D. Letter, AFLOA/JAJM, dated 15 Dec 14.
Exhibit E. Letter, SAF/MRBR, dated 23 Dec 14.
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