RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05869 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His under than honorable conditions (UOTHC) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: It has been more than 50 years since his discharge and it is time he cleared his name. He was wrongfully discharged based on false testimony and circumstantial evidence. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 15 Sep 61, the applicant was notified by his commander of his intent to recommend his undesirable discharge. The reason for the action was that on 11 Aug 61, the applicant uttered obscene words and/or made obscene gestures towards a minor female at the base bowling alley. The discharge package contains an investigative report with several witness statements attesting to the applicant’s behavior. On 15 Sep 61, after consulting with legal counsel, the applicant acknowledged receipt of the action and waived his right to a hearing before a board of officers and elected not to submit statements in his own behalf. On 20 Nov 61, the discharge authority directed the applicant be furnished an undesirable discharge and, on 27 Nov 61, the applicant was furnished a UOTHC discharge for unfitness, and credited with seven months and two days of total active service. On 23 May 67, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant's request for an upgrade of his discharge. The AFDRB concluded that a change in the type or nature of the discharge was not warranted. On 17 Oct 14, a request for post-service information was forwarded to the applicant 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, the Board majority finds 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 the Board majority 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 are sufficiently meritorious to overcome the misconduct for which he was discharged. Therefore, in the absence of evidence to the contrary, the Board majority finds no basis to recommend granting the relief sought. RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. The following members of the Board considered AFBCMR Docket Number BC-2013-05869 in Executive Session on 18 Dec 14, under the provisions of AFI 36-2603: A majority of the panel voted to deny relief. XXXXXXXXXX voted to grant relief and has prepared a minority report, which is provided at Exhibit D. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05869 was considered: Exhibit A. DD Form 149, dated 23 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 17 Oct 14. Exhibit D. Minority Report, dated 5 Jan 15.