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 applicants 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 applicants 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
applicants 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
applicants 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 Consultants 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. Applicants 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
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