RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-02648 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. APPLICANT CONTENDS THAT: He will be 80 years old in January. He has had prostate cancer since 2007 and is being treated in California. His heart has been hurting since his discharge. At the tender age of 18, he knew very little about the outside world. His first assignment was in Libya. He had never experienced such hot temperatures which reached up to 130 degrees. He received orders back to Libya after returning to Colorado. He tried to explain that he could [sic] go back again but was charged with missing a movement. For that, he was sent to jail. He made a mistake and accepted their offer. He would like his discharge upgraded to honorable. He is not a bad person; he just made a bad decision along the way. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: The applicant entered the Regular Air Force on 5 April 1954. On 13 October 1958, the applicant was notified of his commander’s intent to discharge him from the Air Force for unfitness. He acknowledged his commander’s intent, his right to a Board hearing and to consult counsel. After consulting counsel, the applicant waived his right to a Board hearing and noted that if his application was approved, his separation may be under conditions other than honorable or undesirable. On 14 November 1958, the separation authority approved the applicant’s discharge and directed he be separated with an undesirable discharge. On 28 November 1958, the applicant was discharged and his service was characterized as other than honorable. He was credited with 4 years, 1 month and 21 days of active service. On 9 July 2015, a request for post-service information and a request for a background check from the Federal Bureau of Investigations were forwarded to the applicant for response 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 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 during the discharge process. 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. There was no evidence provided that would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation or unduly harsh. In the interest of justice, we considered upgrading the applicant’s discharge on the basis of clemency; however, there was no evidence submitted to compel us to recommend granting the request on that basis. 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 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-2015-02648 in Executive Session on 11 February 2016 under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Jun 15, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 9 Jul 15.