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AF | BCMR | CY2013 | BC 2013 00994
Original file (BC 2013 00994.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00994
		COUNSEL:  NONE
	                    	HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

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

________________________________________________________________
_

APPLICANT CONTENDS THAT:

At the time of his discharge, he feels he was suffering from 
Post-Traumatic Stress Disorder (PTSD) even though it was not a 
diagnosed condition at the time.  He returned from Vietnam in 
1969 and had a tough time assimilating into society for many 
years.  Since his discharge, he had been sober for 23 years and 
has had a successful career with the Department of the Army as a 
civilian.  He has also held positions of authority with several 
Veterans groups.  

In support of his appeal, the applicant provides copies of 
numerous civil service records and letters of appreciation.  

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

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served on active duty from 19 June 1963 to 15 July 1973.  He was 
progressively promoted to the grade of staff sergeant (E-5).

The applicant received one Article 15, four Letters of Reprimand 
(LOR) and one Letter of Counseling (LOC) between 17 March 1972 
and 9 March 1973 for being absent without authority, failure to 
meet financial obligations, writing bad checks, failure to go at 
the time prescribed to a mandatory formation, failure to go, and 
failure to report to sick call.  His Article 15 resulted in his 
reduction in grade to sergeant (E-4), forfeiture of $100 for one 
month, and extra duty for a period of 14 days.  

On 5 July 1973, the applicant was notified of his commander’s 
intent to recommend him for a general (under honorable 
conditions) discharge for unsuitability by demonstrating a 
pattern of financial irresponsibility, under the provisions of 
Air Force Manual 39-12, Chapter 2, Section A, paragraph 2-4g.

On 8 July 1973, the applicant acknowledged his commander’s 
intent, consulted council, and waived his right to a hearing 
before an administrative discharge board and to submit a 
statement in his own behalf.  

After the Staff Judge Advocate found the case to be legally 
sufficient on 10 July 1973, the discharge authority approved the 
recommended discharge without probation or rehabilitation on 
13 July 1973.  

The applicant was discharged from active duty in the grade of 
sergeant (E-4) effective 15 July 1973 with a general (under 
honorable conditions) discharge.  He served 10 years, and 28 
days on active duty.  

________________________________________________________________
_

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, the Board finds no evidence of an error or 
injustice that occurred in the discharge processing.  Based on 
the available evidence of record, it appears the discharge was 
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 based on clemency; 
however, the Board does not find the evidence presented is 
sufficient to recommend granting the relief sought on that basis.  
Therefore, in the absence of evidence to the contrary, the Board 
finds no basis upon which to recommend granting the relief 
sought.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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-2013-00944 in Executive Session on 3 December 2013, 
under the provisions of AFI 36-2603:

	                       , Panel Chair
	                       , Member
	                       , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2013-00944:

Exhibit A.  DD Form 149, dated 8 Feb 13, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.




                 
Panel Chair
2

3


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