RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05239
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Honorable discharge be changed to reflect he was retired for
physical disability.
________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been medically retired due to his traumatic brain
injury (TBI) and bi-polar disorder. There was a failure to
schedule a required follow-up CT scan and mental health
appointments after an injury he sustained in 2005 that resulted
in him being in a coma.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 13 Nov 97.
On 16 Nov 09, the applicant was released from active duty with
an honorable character of service and issued a reentry code of
2X (First Term, Second Term, or Career Airman nonselected for
reenlistment).
________________________________________________________________
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 error or injustice. After a
thorough review of the evidence of record and the applicants
complete submission, we are not convinced he is the victim of an
error or injustice. While the applicant contends he did not
receive the required medical care after an injury he sustained
in 2005 that resulted in him being in a coma, he has provided no
evidence whatsoever for us to consider in evaluating his
request. Therefore, we conclude the evidence presented is not
sufficient to overcome the presumption of regularity in the
conduct of government affairs which, in the absence of evidence
to the contrary, requires us to presume that his discharge was
carried-out in accordance with the provisions of the prescribing
instruction and was within the discretion of the discharge
authority. Accordingly, 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-2012-05239 in Executive Session on 18 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 22 Oct 12.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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