RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01187 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. _________________________________________________________________ APPLICANT CONTENDS THAT: He was told that his discharge would be changed to a more honorable characterization after leaving military service. He believes he completed the process to upgrade his discharge in the late 1950’s. He does not recall the outcome of the upgrade. His wife believes he received a favorable upgrade, but does not recall the specific outcome of his request. In support of his request, the applicant provides copies of documents extracted from his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 27 Jun 52, the applicant contracted his enlistment in the Regular Air Force. He was progressively promoted to the rank of airman first class; however, he was demoted to airman basic on 28 Oct 53. On 19 Apr 54, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unfitness. The specific reasons for the discharge action were the applicant’s continual commission of minor disciplinary infractions. The applicant was counseled on five different occasions regarding his actions in the barracks, his conduct on and off duty, and his admitted attempts to obtain an unfitness discharge. The commander also noted two instances of checks on insufficient funds, one instance of leaving mail in a vehicle overnight, and one instance of leaving mail unguarded. His commander advised him of his rights in this matter. On 11 May 54, the applicant acknowledged he was offered legal counsel and voluntarily signed the discharge application. On 28 May 54, the discharge authority directed the applicant’s undesirable discharge. He was discharged on 2 Jul 54 and was credited with 1 year, 11 months, and 5 days active service. _________________________________________________________________ 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 in the discharge process. Based on the available evidence of record, it appears the applicant’s undesirable 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 his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s activities since leaving the service, we find no basis to recommend granting the relief sought on that basis. However, should the applicant decide to submit information related to his post-service activities (i.e. supporting statements from community leaders and acquaintances, or other evidence of a successful post-service rehabilitation) we may be inclined to reconsider his request based on new evidence. 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-2011-01187 in Executive Session on 10 Jan 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Apr 11, w/atchs. Exhibit B. Applicant's Master Military Personnel Records. Panel Chair