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AF | BCMR | CY2012 | BC-2012-02890
Original file (BC-2012-02890.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02890

		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation be changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

The narrative reason for separation he received should read that 
he had a mental health condition and/or he was discharged for 
the convenience of the government.

In support of his request, the applicant provides an expanded 
statement and a copy of correspondence from the Department of 
Veterans Affairs (DVA). 

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 25 Jul 84, the applicant contracted his enlistment in the 
Regular Air Force.

On 8 Jan 86, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for a pattern of 
misconduct – conduct prejudicial to good order and discipline.  
The reasons for the action was the applicant’s failure to go to 
his appointed place of duty and absent without authority for 
which he twice received nonjudicial punishment (NJP) under 
Article 15 of the Uniform Code of Miltiary Justice (UCMJ). 

On 8 Jan 86, he acknowledged receipt of the notification of 
discharge and, after consulting with legal counsel, waived his 
right to submit a statement in his own behalf.  

On 10 Jan 86, the case was found to be legally sufficient and, on 
17 Jan 86, the discharge authority directed the applicant be 
furnihed a general discharge.  On 22 Jan 86, the applicant was 
furnihed a general (under honorable conditions) discharge with a 
narrative reason for separation of ”Pattern of Misconduct,” along 
with a separation program designator (SPD) code of JKM.  He was 
credited with 1 year, 5 months, and 26 days of total active 
service.

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which are attached at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial, indicating there is no evidence of 
an error or injustice.  Based on the documentation on file in the 
master personnel records, the discharge to include the service 
characterization was appropriately administered and within the 
discretion of the discharge authority.  The applicant did not 
provide any evidence that an error or injustice occurred in the 
processing of his discharge.   

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 26 Nov 12 for review and comment within 30 days.  As of this 
date, no response has been received by this office (Exhibit D).

________________________________________________________________

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 injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim 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 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 AFBCMR Docket 
Number BC-2012-02890 in Executive Session on 29 Jan 13, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jun 12.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOR, dated 6 Nov 12.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Nov 12.




								
								Panel Chair


2

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