RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02316
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His separation from the Air Force be changed to a medical
discharge or medical retirement.
________________________________________________________________
APPLICANT CONTENDS THAT:
He waived his right to a hearing before an administrative
discharge board because of threats of a dishonorable discharge
and an extension of his tour. His counsel did not advise him of
his options and he was rushed through the discharge process. He
did receive care from a mental health professional while he was
in the Air Force. However, he did not have any mental health
conditions before he enlisted.
In support of his request the applicant provides copies of his
DD Form 214, Report of Separation from Active Duty; discharge
documents, performance reports and various other documents
associated with his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 12 Feb 1971, the applicant enlisted in the Regular Air Force.
On 10 Dec 1973, the Mental Health Clinic diagnosed the applicant
as having a character and behavior disorder manifested as
immature personality exacerbated by an adult situational
reaction.
On 8 Feb 1974, his commander notified him he was recommending he
be discharged under the provisions of AFM 39-12, Separation for
Unsuitability, Unfitness, Misconduct, Resignation, or Request
for Discharge for the Good of the Service and Procedures for the
Rehabilitation Program.
On 8 Feb 1974, the applicant acknowledged receipt of the
discharge notification and waived his right to submit statements
in his own behalf.
On 12 Feb 1974, the Staff Judge Advocate found the discharge
action legally sufficient.
On 20 Feb 1974, the discharge authority approved the separation
and directed that the applicant be separated with an honorable
discharge.
On 27 Feb 1974, the applicant was discharged with an honorable
character of service. He was credited with 3 years and 15 days
of total active service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states that the applicant's
commander initiated separation action on the basis of a
character and behavior disorder, specifically: immature
personality exacerbated by an adult situational reaction,
diagnosed by the Mental Health Clinic, as manifested by
substandard duty performance and failure to report for work on
time. The substandard duty performance was outlined in
statements from his first sergeant and the former flight chief
which led to his disqualification under the Human Reliability
Program. The applicant declined to participate in the Probation
and Rehabilitation Program. While DPSOR cannot confirm what the
applicant may have been told during his discharge process, his
military records indicate on 8 Feb 1974, he signed a statement
that he waived his right to a hearing before an administrative
discharge board. The applicant did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing. Moreover, based on the documentation on file in the
master personnel records, the discharge to include the reason
and authority was consistent with the procedural and substantive
requirements of the discharge manual and was within the
discretion of the discharge authority.
The complete DPSOR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 5 Aug 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, this office has received no response (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. 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 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 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 Docket Number BC-
2013-02316 in Executive Session on 20 Feb 2014, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
?
The following documentary evidence was considered in AFBCMR BC-
2013-02316:
Exhibit A. DD Form 149, dated 9 May 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 11 Jul 2013.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 2013.
Panel Chair
4
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