RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04589 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to general (under honorable conditions) discharge or honorable. APPLICANT CONTENDS THAT: Based on his earlier faithful service to the Air Force for 16 years, he feels he served his country with more outstanding service than the way he represented the uniform the last two years of his service. During the last two years he had an illness. His faithful service can be proven with all of his achievements starting with his three Commendation Medals, two Air Force Achievement Medals and four Air Force Good Conduct Medals. He put his country before his family’s needs when called to do so, for instance he departed for OPERATION DESERT STORM while his wife was pregnant with his second child. He recounts his assignments to Vandenberg Air Force Base, California and how he was awarded Airman of the Quarter on several occasions. He also established the squadrons first ever honor guard. While stationed in San Antonio, Texas he was awarded the Air Force Achievement Medal and hand-selected to attend the Order of the Sword. He also received the Outstanding Unit Award, the Organizational Excellence Award and the Air Force Commendation Medal (first Oak Leaf Cluster). His tour in Turkey was difficult from the beginning. He had to return to Texas on emergency leave after his wife was told their son may not survive from respitory problems following his birth. He wanted to remain in Texas and take care of them; however, he had to return to Turkey to finish his assignment. In November 1996, he began a downward spiral and had an inexplicable illness that ended his 16 years of outstanding service. Had he not been ill and received proper treatment, he would have continued to serve his country well. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: The applicant enlisted in the regular Air Force on 12 October 1989. On 9 June 1998 he was convicted, pursuant to his guilty plea, of stealing 9 Sony PlayStation games, in violation of Article 121, Uniform Code of Military Justice (UCMJ), and of being absent without authority from 1 April 1998 until 17 April 1998, in violation of Article 86, UCMJ. He was sentenced to a bad conduct discharge, confinement for five months and reduction to airman basic. However, only so much of the sentence that provided for a bad conduct discharge, confinement for four months and reduction to airman basic was approved. The applicant was discharged on 7 September 1999, with a bad conduct discharge. Pursuant to the Board’s request, the Federal Bureau of Investigation indicated that on the basis of the information provided, they were able to locate an arrest record. In response to a request for post-service information, the applicant submitted a copy of his FBI report. Additionally, he recounts his service and the personal difficulties that caused him to go down the wrong path with substance abuse. He humbly requests the Board consider upgrading his discharge. The applicant’s complete response, with attachments, is at Exhibit D. 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 and the matters submitted by the applicant. Based on the evidence of record, we cannot conclude that clemency is warranted. In view of the above, we cannot recommend approval based on the evidence of record. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2013-04589 in Executive Session on 15 July 2014 and 10 November 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Sep 13, w/atchs. Exhibit B. Applicant's Master Personnel Record Excerpts. Exhibit C. Letter, SAF/MRBC, dated 10 Jun 14. Exhibit D. Letter, Applicant’s Response, dated 8 Jul 14, w/atchs.