RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02230
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

__________________________________________________________________

APPLICANT CONTENDS THAT:

He was unable to persuade his commander that the former 
commander’s review of his non-judicial punishment was not fair.  
He had multiple witnesses who were ready to speak in his behalf, 
including a noncommissioned officer.  His commander stated that it 
was his fault as he was the “new guy.”  However, he told him that 
his discharge would be upgraded in six months from his date of 
separation if he did not get into any criminal trouble as a 
civilian.  He has not been in any criminal trouble.  He worked as 
a building inspector for nearly 20 years and was medically 
retired.

In support of his request the applicant provides copies of DD Form 
293, Application for the Review of Discharge from the Armed Forces 
of the United States; college transcripts, certificates, special 
awards, letters and various other items related to his request.

His complete submission, with attachment, is at Exhibit A.

__________________________________________________________________

STATEMENT OF FACTS:

On 18 Jan 1984, the applicant enlisted in the Regular Air Force 
for a period of four years.

On 6 Mar 1985, his commander notified him that he was recommending 
he be discharged under the provisions of AFR 39-10, Administrative 
Separation of Airmen, for minor disciplinary infractions.  The 
specific reasons for his action were:

      On 18 Jun 1984, he received an Article 15 for violating a 
lawful general regulation by having a female visitor in his 
assigned room and for being disorderly in station.

      On 2 Jan 1985, he received an Article 15 for being drunk and 
disorderly and willfully damaging government property on 21 Dec 
1984.
      
      On 23 Jan 1985, he missed an appointment at the Mental Health 
Clinic.
      
      On 1 Mar 1985, he received a Letter of Reprimand for having 
failed to repair his locker door by 28 Feb 1985, as he was 
instructed.
      
On 6 Mar 1985, the applicant acknowledged receipt of the discharge 
notification.

According to a letter from a psychiatrist dated 13 Mar 1985, the 
applicant was diagnosed with bi-polar disorder, which responds to 
Lithium Carbonate.  The psychiatrist stated if Lithium therapy was 
still needed after one year he would recommend a discharge with 
honorable conditions.  An additional letter from the same 
psychiatrist dated 14 Mar 1985, indicates the applicant’s problems 
in the military directly related to his problems in the military 
and that the correct medication he is receiving will help him deal 
with stress.

On 20 Mar 1985, the applicant again acknowledged receipt of the 
discharge notification, consulted with counsel and submitted 
statements in his behalf.

On 26 Mar 1985, the Staff Judge Advocate (SJA) found the discharge 
legally sufficient.

On 9 Apr 1985, the discharge authority directed that he be 
discharged with a general (under honorable conditions) discharge 
without probation and rehabilitation.

On 12 Apr 1985, he was discharged from the Air Force with a 
general (under honorable conditions) discharge.  He served a total 
of 1 year, 2 months and 24 days of active duty.

On 14 Feb 2014, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C). 

In a letter dated 4 Mar 2014, the applicant indicated since 
leaving the Air Force he has been plagued with a bi-polar 
disorder, which started in the Air Force.  However, he has lived a 
successful life.  He graduated from college and went to work as a 
building inspector and code enforcer. He met his wife of 20 years 
while working for the City and he has helped raise her two 
children.

In further support of his request, the applicant provides copies 
of character letters, college transcripts, employee records, FBI 
report, medical documents, certificates and various other items 
related to his appeal.

His complete submission, with attachments is at 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 error or injustice.  The Board took 
notice of the applicant's complete submission in judging the 
merits of the case; however, the Board majority found 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 the Board majority 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, the Board considered 
upgrading the characterization of the applicant’s discharge based 
on clemency; however, after considering his overall record of 
service and his post-service documentation, the Board majority did 
not find the evidence presented was sufficient to compel them to 
recommend granting the relief sought on that basis.  Therefore, in 
the absence of evidence to the contrary, the Board majority finds 
no basis upon which to recommend granting the relief sought in 
this application.

__________________________________________________________________

RECOMMENDATION OF THE BOARD:

The Board majority finds insufficient evidence of error or 
injustice and recommends the application be denied.

__________________________________________________________________

The following members of the Board considered this application in 
Executive Session on 25 Mar 2014, under the provisions of AFI 36-
2603:
	, Panel Chair
        , Member
      	, Member

By a majority vote, the Board voted to deny the request.  xxxxxxxxxxxxxxX
voted to correct the record as requested and submitted 
a minority report.  The following documentary evidence was 
considered in AFBCMR BC-2013-02230:

     Exhibit A.  DD Form 149, dated 6 May 2013, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFBCMR, dated 14 Feb 2014, w/atch.
     Exhibit D.  Letter, Applicant, dated 4 Mar 2014, w/atchs.
     Exhibit E.  Minority Report, dated 4 Apr 2014.




                                   Panel Chair





MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
		CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXXX, AFBCMR Docket Number: BC-2013-02230

      I have carefully reviewed this case and agree with the minority member that the 
applicant’s request to upgrade his general (under honorable conditions) discharge to honorable is 
warranted on the basis of clemency.

	In reaching this decision, I note the evidence of record indicates that the applicant was 
suffering from bipolar disorder at the time of the infractions leading to his separation and that 
this condition was the likely cause of the infractions.  Despite being stymied by his bi-polar 
disorder and general discharge; he has lead a productive life since leaving the Air Force as 
evidenced by his solid record of citizenship as an employee, husband, and father.

	Therefore, in view of the totality of the evidence presented, the applicant's request 
should be granted on the basis of clemency and I direct his records be corrected to show that on 
12 April 1985, he was honorably discharged and furnished an Honorable Discharge certificate.




		
		Director
		Air Force Review Boards Agency



AFBCMR BC-2013-02230




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code, it is directed that:
      
      The pertinent military records of the Department of the Air Force relating to XXXXXXX, 
XXXXXXX, be corrected to show that on 12 April 1985, he was honorably discharged and 
furnished an Honorable Discharge certificate.




		 
		Director
		Air Force Review Boards Agency