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AF | BCMR | CY2013 | BC 2013 02803
Original file (BC 2013 02803.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02803
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His general (under honorable conditions) discharge be 
changed to a medical discharge.

2.  His conditions of Depression and Post-Traumatic Stress 
Disorder (PTSD) be deemed combat-related.

________________________________________________________________

APPLICANT CONTENDS THAT:

While mobilized in support of Operation IRAQI FREEDOM as a Cyber 
Transport Systems working with the Predator Drone Operations, he 
took part in extreme acts of violence, which resulted in work 
related problems, a no contact order and an attempt to take his 
own life.  

He denied thoughts of hurting himself in fear of losing his 
clearance and ending his career.

He has attended counseling and tried to let go; however, severe 
mental health issues continue to plague his life, ranging from 
remorse, shame, depression, anger, anxiety, and paranoia.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 20 Sep 04, the applicant, a member of the California Air 
National Guard (CA ANG) reenlisted for a period of six years.

On 17 Sep 10, the applicant was discharged by reason of 
misconduct - civilian conviction, and was issued an RE code of 
6H.  He was credited with 9 years, 5 months, and 14 days of 
service for pay, including 8 years of service for retired pay.

On 29 Mar 12, the applicant was diagnosed by the Department of 
Veterans Affairs (DVA) with Psychotic Disorder – Not Otherwise 
Specified (NOS) and Depressive Disorder – NOS with a compensable 
disability rating of 70 percent.

________________________________________________________________

THE AIR FORCE EVALUATION:

NGB/SG recommends denial, stating, in part, that the applicant 
submitted no documentation for review.  The only documentation 
submitted was the BCMR application and his NGB 22, indicating 
his discharge was general (under honorable conditions).  A 
review of the applicant's claims and their requested action is 
not possible due to the lack of documentation.

The complete SG evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 29 Oct 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(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 applicant 
has not provided any evidence to establish that he has been the 
victim of an error or injustice.  Therefore, based upon the 
presumption of regularity in the conduct of governmental affairs 
and without evidence to the contrary, we must assume that the 
applicant's discharge was proper and in compliance with 
appropriate directives.  Accordingly, we find no basis upon 
which to favorably consider 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 AFBCMR Docket 
Number BC-2013-02803 in Executive Session on 3 Apr 14, under the 
provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 3 Jun 13, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records.
	Exhibit C.  Letter, NGB/SGPA, dated 23 Sep 13.
	Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 13.




                                   Panel Chair






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