RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04177 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her husband’s discharge of under other than honorable conditions (UOTHC) be upgraded. APPLICANT CONTENDS THAT: The deceased former member was wrongfully discharged and should have his character of discharge changed. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the deceased former member's military personnel records, he initially entered the Regular Air Force on 30 Aug 55. On 20 Oct 58, the deceased former member was furnished an undesirable discharge for misconduct. The records show that during the applicant's service he received two summary court-martials, was confined at hard labor for one month as a result of the conviction of refusing to obey a lawful order, and for the second court-martial he was confined at hard labor for 20 days for being off limits in a known house of prostitution. He was further punished by being restricted to the limits of the base for 14 days for creating a disturbance in a private establishment. On 15 Sep 14, a request for post-service information was forwarded to the deceased former member's spouse for review and response within 30 days. As of this date, no response has been received by this office (Exhibit C). 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. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service warrant such action. 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-2013-04177 in Executive Session on 21 Nov 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04177 was considered: Exhibit A. DD Form 149, dated 20 Aug 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 15 Sep 14. 1 2