RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03178 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded. APPLICANT CONTENDS THAT: While stationed in , he was wrongfully accused of shooting at another airman. However, it was not possible for him to shoot at anyone because he had broken his right hand and it was in a cast. Because of this accusation, he was reduced in rank and discharged. He never faced a court martial; rather, his unit commander made the final decision to discharge him. He only received separation papers (no discharge package) when he returned to the United States. He served his country with pride and honesty, and with his birthday approaching, he wants his family to know he served with honor. He is just now submitting this request because he lost all his military papers, medals and uniforms in a house fire and just now found the [AFBCMR] address. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s complete military personnel records are not available in Automated Records Management System (ARMS), or at the National Military Processing Center (NPRC), and no record was provided by the applicant; therefore, the circumstances surrounding his discharge could not be verified. In January 1951, according to information provided by the applicant, he commenced his service with the Regular Air Force. On 26 Oct 53, according to information provided by the applicant the applicant was discharged. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response to a request for post-service information, it appears the applicant had difficulty completing the fingerprint process for the criminal record check. He states he has provided fingerprints multiple times to maintain a firearm permit with the state of . He has never had a parking ticket as we even elected as a constable (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, 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 for us to conclude that the applicant’s post-service activities 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-2014-03178 in Executive Session on 22 Apr 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 26 Aug 14. Exhibit D. Letter, Applicant, dated 13 Jan 15.