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 applicants 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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