ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04121-2
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.
________________________________________________________________
RESUME OF CASE:
On 23 May 13, the Board considered and denied the applicants original request to upgrade his UOTHC discharge to honorable. In the original case, the applicant contended his record is unjust because his youthful indiscretions were due to Post-Traumatic Stress Disorder (PTSD) from working with live munitions. The Air Force advisory in the original case recommended denial, based upon the applicant being found guilty by court-martial for multiple charges, to include larceny, making false checks, and housebreaking. He was initially sentenced to a bad conduct discharge (BCD), confinement for seven months, forfeiture of $200 per month for seven months, and a reduction in grade to E-1. For an accounting of the facts and circumstances surrounding the applicants original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit E.
On 8 Aug 13, the applicant submitted new information pertaining to his original case for AFBCMR consideration. The new information consists of a VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs (VA), dated 8 Aug 13, on which he pleads for the upgrade of his discharge based on clemency due to insanity; an AF Form 909, Airman Performance Report, covering the period 4 Jan 77 through 1 Mar 78, to support his contention his work in the Air Force was very good; and, a VA Form 21-4138, Statement in Support of Claim, dated 26 Jul 13, on which a Licensed Clinical Social Worker (LCSW) states the applicant suffers from major depressive disorder, anxiety disorder, and Post Traumatic Stress Disorder (PTSD) due to physical and emotional abuse inflicted by his mother in his youth.
The applicants complete submission, with attachments, is at Exhibit F.
________________________________________________________________
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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; 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 characterization of the applicants discharge is 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. In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, we do not find the evidence presented is sufficient for us to recommend granting the relief sought on that basis at this time. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to grant the relief sought in this application.
________________________________________________________________
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 the applicants request for reconsideration of AFBCMR Docket Number BC-2012-04121 in Executive Session on 12 Nov 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 12 Jun 13.
Exhibit F. Letter, Applicant, dated 8 Aug 13.
Panel Chair
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