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AF | BCMR | CY2013 | BC 2013 02316
Original file (BC 2013 02316.txt) Auto-classification: Denied
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.  Applicant’s 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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