RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04607 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His other than honorable conditions discharge be upgraded to honorable. APPLICANT CONTENDS THAT: On or about 1 June 1955, he was arrested in a local bar by military police after other Air Force personnel got in a fight. For the next four months his requests to see his commanding officer were turned down. He was not afforded any of his rights under the Uniform Code of Military Justice (UCMJ). He was not AWOL but was in the brig. He was innocent of any wrongdoing. After almost 60 years, he would like to get a honorable discharge and a clean DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. He would like his discharge upgraded so he can have a flag on his casket. The Board should consider it in the interest of justice to consider his untimely application as he did not do anything wrong to be arrested. The applicant’s complete submission, with attachments is at Exhibit A. STATEMENT OF FACTS: On 31 October 1951, the applicant entered the Regular Air Force. According to Special Court-Martial Order (SPCMO) Number 187 dated 7 August 1956, the applicant was court-martialed for violation of the UCMJ, Article 86. The specification of the charge was that on 24 November 1955, without proper authority, the applicant was absent from his organization and remained absent until on or about 11 May 1956. According to SPCMO, Number 240 dated 9 October 1956, the applicant was sentenced to a BCD, forfeiture of $65.00 per month for six months, and confinement at hard labor for six months, as promulgated in SPCMO 187 dated 7 August 1956. On 26 October 1956, the applicant was discharged under the provisions of AFR 39-18, Dishonorable or Bad Conduct Discharge, Headquarters 8th Air Force SPCMO 240 dated 9 October 1956 with an other than honorable conditions discharge. In a letter dated 2 February 2015, the applicant states he received an FBI report and would arrange for the 50 mile trip to get his finger printing completed. He was advised it could take 12 weeks or longer to process. He will provide the report to the Board upon receipt. He also provides two letters of support. In a letter dated 30 January 2015, his neighbor and friend states he has known the applicant for over 25 years and he is by far the most honest man he has known in his life. He pleads to let him hold his head high and have a flag on his coffin as he does not have a long time left on earth. In another letter dated 30 January 2015, his best friend who has known him for over 35 years states he was a great father to six children and worked hard as a truck driver and a heavy equipment operator. The applicant’s complete submission, 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 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 (IAW) 10 U.S.C § 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 considered upgrading the discharge based on clemency; however, we find the evidence presented insufficient to recommend relief on that basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. 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-2014-04607 in Executive Session on 8 July 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 November 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 4 December 2014, w/atch. Exhibit D. Letter, Applicant, dated 2 February 2015, w/atchs.