0RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03557
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His chain of command led him to believe that an undesirable
discharge was in his best interest and his discharge would be
upgraded to honorable in six months. He learned he did not have
Veterans Affairs (VA) benefits in 1980 due to the type of
discharge he received. While serving in the Air Force, he began
to feel inadequate, alone, and in a state of confusion, and then
started abusing drugs and alcohol in order to feel better. After
confiding with his company commander concerning his problems, the
commander gave him false information and misguidance. He was
advised that if he were to seek help he would ultimately be
kicked out of the service. He believes had he been given the
proper counseling he would not have signed the discharge papers
and could have received treatment for his mental health issues.
He has since received counseling and discovered the incidents
that occurred while he was serving in the military directly
relate to the reason he developed bi-polar depression, alcohol
and drug dependency, authority issues, and anxiety problems over
the years. He was young and impressionable, naive, and
idealistically vulnerable at that time in his life. He hopes
this mistake can be corrected.
In support of his request, the applicant provides a personal
statement and a copy of a cover letter.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 2 Apr 72.
The applicant was notified by his commander that he was
recommending him for discharge from the Air Force under the
provisions of AFM 39-12, para 2-15a, section B, for having a
constant record of failures to repair. All rehabilitation
measures failed to make him a productive airman to include
Article 15s; control roster action, branch/section/supervisor
changes and numerous counseling sessions. After a legal review
of the case, the staff judge advocate found it legally
sufficient. The applicant received a UOTHC discharge after
serving 1 year, 3 months, and 7 days on active duty.
The Air Force Discharge Review Board (AFDRB) reviewed the
applicants request for an upgrade to his discharge on two
different occasions; however, the AFDRB denied his requests.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 23 Dec 10, a copy of the FBI report
was forwarded to the applicant for review and comment within 30
days. As of this date, no response has been received by this
office.
On 22 Dec 10, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. In response to our request, applicant provided
post-service information, which is attached at Exhibit E.
_________________________________________________________________
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 probable error or injustice. After
careful consideration of the available evidence, we found no
indication the actions taken to effect his discharge were
improper or contrary to the provisions of the governing
regulations in effect at the time, or the actions taken against
the applicant were based on factors other than his own
misconduct. In addition, in view of the contents of the FBI
Report we are not persuaded that the characterization of the
applicants discharge warrants an upgrade to honorable on the
basis of clemency. Having found no error or injustice with
regard to the actions that occurred while the applicant was a
military member, we conclude that no basis exists to grant
favorable action on his request.
_________________________________________________________________
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 this application in
Executive Session on 3 Mar 11 and 9 Mar 11, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 22 Dec 10.
Exhibit E. Letter, Applicant, dated 24 Feb 11.
Panel Chair
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