RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05855 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to a General Discharge. APPLICANT CONTENDS THAT: He completed retraining at Lowry AFB without an infraction and was only discharged for the loss of a raincoat, which he offered to pay for. He was told his discharge would be upgraded after four years. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 3 March 1971. On 18 September 1972, the applicant received an Article 15 for failing to go at the time prescribed to his appointed place of duty. His punishment consisted of forfeiture of $100.00 of pay per month for two months and a reduction to the grade of airman, suspended until 5 March 1973, at which time, unless the suspension was sooner vacated, it would be remitted without further action. On 6 October 1972, the applicant received an Article 15 for failing to go at the time prescribed to his appointed place of duty. His punishment consisted of forfeiture of $50.00 of pay and reduction to the grade of airman basic, suspended until 15 March 1973, at which time, unless the suspension was sooner vacated, it would be remitted without further action. On 6 October 1972, the applicant’s commander vacated the suspension of punishment, as pertained to reduction to the grade of airman. The applicant was demoted to the grade of airman on 6 October 1972. On 15 February 1973, the applicant’s commander vacated the suspension of punishment as pertained to the reduction to the grade of airman basic due to the applicant wrongfully possessing marijuana. The applicant was demoted to the grade of airman basic on 20 February 1973. On 20 February 1973, the applicant received an Article 15 for wrongfully having in his possession some marijuana. His punishment consisted forfeiture of $50.00 of pay per month for two months. On 8 March 1973, the applicant received an Article 15 for failing to go at the time prescribed to his appointed place of duty. His punishment consisted of forfeiture of $50.00 of pay per month for two months. On 27 September 1973, the applicant was tried by special court- martial based on the charge of absenting himself from his organization from on or about 5 April 1973 to on or about 10 September 1973, in violation of Article 86, Uniform Code of Military Justice. He pled guilty and was found guilty. He was sentenced in accordance with his plea by a military judge to a BCD, confinement with hard labor for five months, and forfeiture of $100.00 per month for five months. On 28 February 1974, the applicant was furnished with a BCD, and was credited with 2 years, 3 months, and 3 days of active service, excluding lost time from 5 April 1973 to 9 September 1973 and from 1 October 1973 to 1 February 1974. On 28 April 2014, 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). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit D. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial, indicating no error or injustice with the court-martial proceedings occurred. On 28 February 1974, the appellate review was completed and the special court- martial convening authority ordered the applicant’s BCD be executed. In accordance with Title 10 United States Code, Section 1552(f)(2) (10 U.S.C. § 1552(f) (2))_, the Board may take "action on the sentence of a court-martial for purposes of clemency." In this case, there is no record of a promise being made that the applicant’s discharge would be upgraded after four years. There is no evidence of error or injustice with the court-martial process which would warrant changing the applicant's court-martial sentence. 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 15 September 2014 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). 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 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). After considering the applicant’s overall quality of service, the court-martial conviction which precipitated the discharge, and the seriousness of the offenses to which convicted, we cannot conclude that it is in the interest of justice to recommend a clemency upgrade of the applicant’s character of service. Therefore, 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-2013-05855 in Executive Session on under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Dec 13. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 28 Apr 14. Exhibit D. Memorandum, AFLOA/JAJM, dated 16 Jun 14. Exhibit E. Letter, SAF/MRBR, dated 15 Sep 14.