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AF | BCMR | CY2012 | BC-2012-05098
Original file (BC-2012-05098.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05098

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded 
to honorable.  

________________________________________________________________

APPLICANT CONTENDS THAT:

The actions that precipitated his discharge were due to mental 
health issues that arose after his deployment to Afghanistan 
that were not properly addressed.

In support of his request, the applicant provides copies of 
documents extracted from his military medical records.

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

________________________________________________________________

STATEMENT OF FACTS:

On 1 May 07, the applicant commenced his enlistment in the 
Regular Air Force.

The applicant received a referral performance report for the 
period 31 Jan 09 through 31 Dec 09.  The report indicates the 
applicant received a Letter of Reprimand and an Unfavorable 
Information file for an off-duty alcohol related incident.

On 24 Mar 10, the applicant reported to the Family Practice 
Clinic with symptoms consistent with a current major depression 
syndrome.

The medical note dated 26 Mar 10 indicates the applicant was 
being seen by mental health and Alcohol and Drug Abuse 
Prevention & Treatment (ADAPT) program.  The applicant stated he 
has been sober since August 2009.  It was further noted the 
applicant expressed his concerns that he wanted his treatment 
plan to focus on mental health rather than ADAPT.  The medical 
note further indicated the applicant revealed he was not being 
retained in the Air Force and would be discharged by 30 Jun 10; 
he was not happy with the decision, but accepted it.

On 30 Jun 10, the applicant was furnished a general (under 
honorable conditions) discharge for misconduct (minor 
disciplinary infractions).  He was credited with three years and 
two months of total active service.

The applicant appealed to the Air Force Discharge Review Board 
(AFDRB) to have his general discharge, narrative reason for 
separation, and reentry code upgraded.  On 1 Jun 12, the AFDRB 
considered and denied the applicant’s request.

________________________________________________________________

AIR FORCE EVALUATION:

AFP/DPSOR recommends denial, indicating there is insufficient 
evidence in the applicant’s military record pertaining to his 
discharge.  However, absent the documentation, there is a 
presumption of regularity in the conduct of government affairs, 
which dictates that absent evidence to the contrary, it is 
presumed the applicant was afforded due process and the 
discharge was consistent with procedural and substantive 
requirements of the discharge instruction.

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 25 Jan 13, 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 timely filed.

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 this case; however, we find no evidence of an error or 
injustice that occurred in the discharge process.  We note the 
applicant's discharge records are not available for our review.  
Therefore, the facts surrounding his separation and character of 
service could not be verified.  However, based on the 
presumption of regularity in the conduct of governmental 
affairs, absent evidence to the contrary, we must assume the 
applicant's discharge, to include his service characterization 
and narrative reason for separation, were proper and in 
compliance with the directive under which it was effected.  
Other than his own assertions, the applicant has presented no 
evidence to indicate otherwise.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend 
favorable consideration of the 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-2012-05098 in Executive Session on 30 Jul 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 23 Oct 12, w/atchs.
     Exhibit B.  Applicant's Available Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOR, dated 18 Jan 13.
     Exhibit D.  Letter, SAF/MRBR, dated 25 Jan 13.




                                   
                                   Panel Chair












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