RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00571 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: The applicant provided no contentions. In support of his appeal, the applicant provides a copy of his DD Form 214, Report of Transfer or Discharge, issued in conjunction with his 26 Jun 59 release from active duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Prior to the events under review, the applicant was honorably released from active duty and transferred to the Air Force Reserve, on 26 Jun 59, by reason of hardship – dependency. He was credited with 2 years, 3 months, and 13 days of active duty service. On 14 Dec 61, the applicant was found guilty by the Circuit Court of Montgomery County, Maryland, for forgery. On 6 Mar 62, the commander notified the applicant of the administrative discharge board (ADB) hearing. The applicant waived his rights to a board hearing and to submit statements in his own behalf. The staff judge advocate reviewed the board proceedings and found them legally sufficient and the discharge authority approved an undesirable (UOTHC) discharge. On 29 May 62, the applicant was discharged from enlisted status as Reserve of the Air Force, with service characterized as under other than honorable conditions. The applicant summarized his accomplishments since leaving the service and explained the circumstances which led to his discharge. He has regretted this action for more than 50 years and would like his character of service upgraded to honorable (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 took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred during the discharge process. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. The applicant provided a personal statement in support of his appeal to have his discharge upgraded based on clemency; however, considering his overall record of service, the seriousness of the offenses which led to his administrative separation, and the limited post-service information, we are not persuaded that an upgrade of the characterization of his discharge is warranted. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ 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-2011-00571 in Executive Session on 13 October 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Feb 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 21 Apr 09, w/atchs. Exhibit D. Letter, Applicant, 9 Sep 11, w/atchs. Panel Chair