RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01780 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He believes his discharge should be upgraded based on his medical condition during the contested time frame. He suffered from depression which resulted in irrational thinking and behavior. In support of his request, the applicant provides a personal statement, documents extracted from his military personnel records and medical documentation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty on 12 January 2000. On 18 April 2003, the applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, paragraph 5.49 (Misconduct). The specific reasons were as follows: a. The applicant received two Records of Individual Counselings between on or about 3 December 2001 for being derelict in the performance of his duties and on 23 October 2002 and 24 October 2002 for reporting late to duty. b. The applicant received two Letters of Reprimand (LORs) on 21 November 2002 for reporting late to duty and on 1 December 2002 to on or about 31 December 2002 for failing to return to duty at the appointed time. c. On 10 April 2003, the applicant received nonjudicial punishment for failing to ensure sufficient funds to cover checks for merchandise or services rendered. He was advised of his rights in this matter and acknowledged receipt of the notification. The applicant waived his right to consult with counsel and elected not to submit statements in his own behalf. On 5 May 2003, the discharge authority concurred with the recommendation and directed a general discharge. The applicant was discharged on 6 May 2003. He served 3 years, 3 months and 24 days on active duty. On 30 June 2009, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request that his general (under honorable conditions) discharge be upgraded to an honorable discharge (Exhibit B). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states the discharge record reveals the applicant has shown he has either an inability or unwillingness to adhere to Air Force standards and rules. The applicant received multiple forms of rehabilitative counseling, nonjudicial punishment, three records of individual counseling and two LORs. Considering the lengthy disciplinary record the applicant earned during his first enlistment, discharge was for the best interest of the Air Force. The applicant did not provide any evidence of an error or injustice to warrant the requested change to his character of service separation. The applicant’s characterization of service of under honorable conditions (general) was within the discretion of the discharge authority. The DPSOS complete evaluation is at Exhibit C. The AFBCMR Medical Consultant recommends denial. The AFBCMR Medical Consultant states while he empathizes with the applicant’s co-existent mental health and occupational issues experienced during military service, there is insufficient evidence of a clear error or injustice that warrants the desired change of the record. The AFBCMR Medical Consultant’s complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 8 March 2011, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and the AFBCMR Medical Consultant and adopt their rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2010-01780 in Executive Session on 7 April 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01780 was considered: Exhibit A. DD Form 149, dated 10 May 2010, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 9 November 2010. Exhibit D. Letter, AFBCMR Medical Consultant, dated 2 March 2011. Exhibit E. Letter, SAF/MRBR, dated 8 March 2011. Panel Chair