RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00378 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. APPLICANT CONTENDS THAT: He was furnished an undesirable discharge for refusing the orders of his first sergeant to replace uniforms at his own expense that were stolen from him. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant’s military personnel records are not available. According to a National Archives and Records Administration Form 13038 (REV. 10-89), dated 27 Aug 91, he entered the Regular Air Force on 6 Jul 56. On 24 Sep 57, the applicant was furnished an undesirable discharge, separated under AFR 39-22 (SDN 284 – Misconduct: civil court conviction). According to information provided by Air Force Office of Special Investigation, a criminal record pertaining to the applicant does exist. On 27 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 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 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 are sufficiently meritorious to overcome the misconduct for which he was discharged 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-2014-00378 in Executive Session on 17 Dec 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00378 was considered: Exhibit A. DD Form 149, dated 24 Jan 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 27 Oct 14.