RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02114 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. _________________________________________________________________ APPLICANT CONTENDS THAT: He was a sick young man involved with drugs. He was told after leaving military service that undesirable discharges were given to gay people. He is not and has never been gay, but has carried this stigma for 55 years. In support of his request, the applicant provides a personal statement and two character references. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 30 Sep 52, the applicant contracted his enlistment in the Regular Air Force. On 1 Jul 55, the applicant’s commander recommended that he be discharged from the Air Force for antisocial personality disorder and drug addiction. The specific reasons for the discharge action were the applicant’s repeated instances of misconduct and illegal use of Benzedrine and marijuana. His commander advised him of his rights in this matter. On 9 Aug 55, the applicant acknowledged the recommendation for discharge and his right to a discharge board. After consulting with legal counsel, he waived his right to discharge board hearing. On 5 Oct 55, the applicant was discharged with an undesirable discharge. He was credited with two years, eight months, and six days of active service. _________________________________________________________________ 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 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 in the discharge processing. 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. 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 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-2011-02114 in Executive Session on 9 Feb 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-02114 was considered: Exhibit A. DD Form 149, dated 9 May 11, w/atchs. Exhibit B. Applicant's Master Military Personnel Records.