RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05283 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His dishonorable discharge be upgraded based on clemency. ________________________________________________________________ APPLICANT CONTENDS THAT: He was unable to adapt to military life. He went absent without leave (AWOL) due to the mental and emotional stress of broken promises for a discharge by his superiors. He was court martialed and subsequently discharged. His record prior to the court-martials was impeccable with no character issues or derogatory remarks. He never intended to dishonor his country. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 19 Feb 53, the applicant commenced his enlistment in the Regular Air Force. The applicant was tried and convicted by a special court-martial for being absent without proper authority from 19 Apr 54 through 12 Sep 54. He was sentenced to a bad conduct discharge (BCD), forfeiture of $55.00 per month for six months, and confinement for six months. While serving his sentence of the special court-martial, the applicant was tried and convicted by general court-martial for being absent without leave (AWOL) from 21 Dec 54 through 13 Feb 55. He was sentenced to a dishonorable discharge (DD), forfeiture of all pay and allowances and confinement one year. The applicant was again tried and convicted by general court- martial for being AWOL from 20 Aug 55 through 6 Jan 56. He was sentenced to a DD, forfeiture of all pay and allowances and confinement for six months. On 28 Mar 56, the applicant was furnished a DD. He was credited with 1 year, 1 month, and 21 days of total active service. On 18 Jun 13, 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 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, we are not inclined to upgrade the applicant’s discharge on that basis. Therefore, in view of the above, 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-2012-05283 in Executive Session on 29 Aug 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Nov 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 18 Jun 13, w/atch.