RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03018
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for problems related to PTSD.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 2 Dec 2003, the applicant entered active duty.
On 8 Feb 2010, the applicant received an Article 15, in
violation of Article 92, Uniformed Code of Military Justice
(UCMJ), for dereliction in the performance of his duties in that
he willfully failed to conduct required airfield lighting checks
in violation of Article 107, UCMJ, for intent to deceive and
sign an official record stating he had completed the airfield
lighting inspection.
On 17 Apr 2010, the applicant was discharged with service
characterized as general (under honorable conditions) with a
narrative reason for separation of Misconduct (Minor
Infractions).
He served on active duty for 6 years, 4 months and 16 days.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. After a complete review of the
applicants personnel records, DPSOR was unable to find any
documentation regarding the discharge. Due to a lack of
evidence and supporting documentation to explain the discharge,
DPSOR concludes the misconduct was a significant departure from
the conduct expected of military members and relies on the
presumption of regularity and finds the character of service was
consistent with the procedural and substantive requirements of
the discharge instruction and was within the discretion of the
discharge authority. The applicant states the actions that
precipitated his discharge were due to mental health issues as a
result of PTSD, however, there is no evidence to support his
claim. Absent this documentation, there is a presumption of
regularity in which the applicant was afforded due process.
The complete DPSOR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 Sep 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
D). As of this date, this office has not received a response.
________________________________________________________________
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 an error or injustice. We took
notice of the applicants 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 the rationale expressed as the basis for our
conclusion that 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably
considered.
_______________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
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-
2013-03018 in Executive Session on 15 Apr 2014, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jun 2013.
Exhibit B. Applicants Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 15 Aug 2013.
Exhibit D. Letter, SAF/MRBR, dated 6 Sep 2013.
Panel Chair
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