RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03657 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He was wrongfully accused of homosexual acts. He has never been homosexual or engaged in homosexual activity. He was young and afraid of the system. His lawyer advised him to take the general discharge as it would be in his best interest. He deeply regrets this decision. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 20 Oct 65. On 4 Oct 67, the applicant’s commander notified him that he was recommending his discharge under the provisions of AFM 39-12, Administrative Separation of Airmen, for frequent involvement of a discreditable nature with military or civilian authorities. The reasons for the action included the following: a. On or about 1 Apr 67, the applicant was drunk and disorderly in station. For this he was ordered to perform 14 days extra duty, forfeiture of $50 in pay and reduced to the grade of Airman Third Class, suspended until 18 Oct 67. b. On or about 1 May 67, the applicant threw two mirrors out of the third floor latrine window. For this incident he was reprimanded. c. On or about 2 May 67, without proper authority, the applicant failed to go at the prescribed time to his appointed place of duty. For this his suspended reduction was vacated and ordered into execution on 19 May 67. d. On or about 3 Jun 67, the applicant was drunk and disorderly in a public place. For this he was reduced to the grade of Airman Basic, forfeiture of $48 per month for two months, and confinement to correctional custody for 30 days. e. On or about 17 Sep 67, the applicant was drunk and disorderly in station. For this he was ordered to correctional custody for 30 days and forfeiture of $48 pay. On 5 Oct 67 after consulting with legal counsel, the applicant acknowledged receipt of the action, waived his right to a hearing and submitted statements in his own behalf. On 18 Oct 67, the case was found legally sufficient and, on 25 Oct 67, the discharge authority directed the applicant be discharged. On 9 Nov 67, the applicant was furnished a general (under honorable conditions) discharge, and was credited with 2 years and 20 days of active service. On 12 Sep 14, a request for post-service information was forwarded to the applicant for review and comment within 30 days. In support of his request, the applicant provides several character references (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 to include his character references; 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. While the applicant contends that he was wrongfully discharged for homosexual acts, the evidence of record contains no documentation indicating the applicant was discharged for this, instead, the record clearly indicates the applicant was discharged for misconduct. 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-2014-03657 in Executive Session on 18 Jun 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03657 was considered: Exhibit A. DD Form 149, dated 31 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 12 Sep 14. Exhibit D. Letter, Applicant, dated 30 Sep 14.