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AF | BCMR | CY2010 | BC-2010-01755
Original file (BC-2010-01755.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01755 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His discharge be upgraded. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has a service-connected disability which he incurred or was 
aggravated while serving in the Air Force - in the line of duty. 
He would like to be treated by the DVA but they refuse to treat 
him for his injury. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 19 May 1966. 

 

The record reflects the applicant had a series of unauthorized 
absences from duty and on the applicant’s last absence of 41 days 
charges were preferred for disposition by an appropriate type of 
court. The pending request for discharge was initiated 
immediately following the notification to the applicant of the 
pending charges and such request, until acted upon, effectively 
stays the court-martial proceedings. 

 

 The applicant received punishment under Article 15, UCMJ, on 
three different occasions, the three punishments being reduction 
to airman basic and two separate correctional custody sentences 
of 30 days each. 

 

 On 20 March 1967, the applicant was sentenced in civil court 
to 50 days confinement for auto theft. 

 

 The applicant received a psychiatric evaluation dated 
10 March 1967 and was diagnosed with a sociopathic personality, 
anti-social type, chronic and moderate modes. 

 

The acting staff judge advocate found the case legally sufficient 
and recommended discharge. 

 


On 21 July 1967, after being counseled, the applicant requested 
discharge under AFM 39-12, paragraph 2-78 for the good of the 
service. 

 

On 24 August 1967, the discharge authority concurred with the 
recommendations and directed an undesirable discharge. The 
applicant was discharged and received a UOTHC discharge on 
25 August 1967. He served 8 months and 17 days on active duty. 

 

On 28 August 1975, 25 July 1977 and 5 April 1978, the Air Force 
Discharge Review Board (AFDRB) considered and denied the 
applicant’s request that his undesirable discharge be upgraded 
(Exhibit B). 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial. DPSOS states the applicant did not 
submit any evidence or identify any errors or injustices that 
occurred in the discharge processing. He provided no facts 
warranting a change to his character of service. Based on the 
documentation on file in the master personnel records, the 
discharge to include the applicant’s characterization of service 
was consistent with the procedural and substantive requirements 
of the discharge Manuel and was within the discretion of the 
discharge authority. 

 

The DPSOS complete evaluation is at Exhibit C. 

 

The BCMR Medical Consultant recommends denial. The BCMR Medical 
Consultant states he found no evidence of an inequity or 
impropriety in the processing of his discharge and further opines 
he has not met the burden of proof of an error or injustice that 
warrants a change of the record. The board may elect to invoke 
its authority for an upgrade to General (under honorable 
conditions), based upon clemency, noting the applicant’s likely 
need for DVA medical care and the likelihood that his diagnosed 
sociopathic personality, anti-social type, chronic” played a 
contributory, albeit not excusable, role in his disregard for the 
consequences of his actions. 

 

The BCMR Medical Consultant’s complete evaluation is at Exhibit 
D. 

 

_________________________________________________________________ 

 

 

 

 

 

 

 

 


 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 26 January 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-2010-01755 in Executive Session on 3 March 2011, under 
the provisions of AFI 36-2603: 

 

 

 

 

 

 

 


 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-01755 was considered: 

 

 Exhibit A. DD Form 149, dated 30 April 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 21 January 2011. 

 Exhibit E. Letter, SAF/MRBR, dated 26 January 2011. 

 

 

 

 

 

 Panel Chair 

 



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