RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04575 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was told to come back and request an upgrade. He is a senior citizen who is trying to qualify for low income housing. The applicant does not provide any supporting documentation. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 17 Nov 53. He was tried by a special court-martial for the following reasons: Violation of the Uniform Code of Military Justice, Article 92: For disobeying a lawful order. Violation of the Uniform Code of Military Justice, Article 86: For leaving his appointed place of duty without proper authority. The applicant was confined at hard labor for six months; forfeited $55.00 per month for six months. The sentenced was adjudged on 11 Aug 54. On 28 May 57, the Air Force Discharge Review Board (AFDRB) reviewed his appeal to upgrade his discharge; however, there was insufficient evidence submitted warranting a change in the type or nature of his discharge. ________________________________________________________________ _ 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 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 his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. However, the Board would like to point out that if the applicant were to provide post-service information, they are willing to reconsider his request to upgrade the discharge based on clemency. 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-2012-04575 in Executive Session on 18 Jun 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for Docket Number BC-2012-04575 was considered: Exhibit A. DD Form 149, dated 25 Apr 12. Exhibit B. Applicant's Master Personnel Records.