RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01555 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His undesirable discharge be changed to honorable. APPLICANT CONTENDS THAT: He and two other veterans got into a fight with three “civilians” and he was arrested by the city police. He was in jail for 60 days before being able to return to base at which point he was told he was being discharged. He did not want to be discharged and indicates he would not have left the service but because of his young age, he did not think about it. He really did not know how much it would mean to not have an honorable discharge. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 27 Apr 51. On 4 Nov 52, he was tried by a special court-martial for violating Article 121, Uniform Code of Military Justice with specifications that he wrongfully appropriated a sweater valued at about $4.00 and a wrist watch valued at about $65.00, both the property of another airman. He pled not guilty and was found not guilty of the charges. On 5 Dec 52, the flight surgeon received a request to conduct a mental and physical evaluation for the applicant because he had been confined to the county penitentiary from 14 Jul 52 thru 12 Oct 52 for third degree assault for which he pled guilty on 1 Jul 52 after hitting and stabbing another man. On 26 Feb 54, the provost marshal was notified the applicant had been indicted on 24 Jul 53 on five counts of violating the Public Health Law. On 28 Oct 53, he pled guilty to two felony counts of the indictment for giving another adult a narcotic drug. On 11 Mar 54, his commander requested he be separated from the Air Force under the provisions of AFR 39-22, Paragraph 5, Enlisted Personnel: Disposition of Airmen Convicted by Civil Court. On 29 Mar 54, the applicant received an undesirable discharge, and was credited with 1 year, 9 months, and 2 days of active service. On 28 Apr 14, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit c). As of this date, no response has been received by this office. 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, to include his rebuttal response, 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, we do not find the evidence presented is sufficient to recommend granting relief on that basis. 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-2014-01555 in Executive Session on 21 Nov 14 under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01555 was considered: Exhibit A. DD Form 149, dated 7 Apr 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Information Bulletin, not dated. FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 3 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974