RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03246
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His minor disciplinary infractions were due to a sleep disorder
induced by Post-Traumatic Stress Disorder (PTSD) which caused
him to be late for work. There were no other disciplinary
infractions.
In support of his appeal, the applicant provides a copy of his
Psychosocial Assessment
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 Jun 81, the applicant enlisted in the Regular Air Force.
On 3 Feb 83, the applicant was eliminated from technical school
training after it was determined that neither his performance
nor his attitude reflected a desire to succeed.
On 11 Mar 83, the applicant was notified by his commander of his
intent to recommend his discharge from the Air Force for
Misconduct-Minor Disciplinary Infractions under the provisions
of AFR 39-10, Administrative Separation of Airmen. The
commander noted that during the applicants military career, he
had accumulated two Letters of Reprimand (LORs), one Article 15,
Uniform Code of Military Justice (UCMJ) action and one vacation
of Article 15 punishment and demoted to the grade of airman, all
for failures to go. The applicant acknowledged receipt of the
notification of discharge and after consulting with counsel,
submitted a statement on his own behalf.
On 28 Mar 83, the Staff Judge Advocate (SJA) reviewed the case
and found it legally sufficient to support discharge and
recommended the applicant be given a general (under honorable
conditions) discharge without the offer of probation or
rehabilitation.
On 30 Mar 83, the discharge authority approved the applicants
discharge. On 5 Apr 83, the applicant was discharged for
Misconduct-Pattern of Minor Disciplinary Infractions with
service characterized as general (under honorable conditions).
He served 1 year, 10 months and 4 days of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) indicated that on the basis of the
information provided, they were unable to locate an arrest
record.
_________________________________________________________________
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 applicants complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred in the discharge processing. Based on the
evidence of record, it appears the discharge was consistent with
the substantive requirements of the discharge regulation and
within the commanders discretionary authority. The applicant
has provided no evidence which would lead us to believe the
characterization of service was contrary to the provisions of
the governing regulation, unduly harsh, or disproportionate to
the offenses committed. In the interest of justice, we
considered upgrading the characterization of the applicants
discharge based on clemency; however, after considering his
overall record of service and the infractions which led to his
administrative separation we are not persuaded that an upgrade
is warranted. In view of the above and in the absence of
evidence to the contrary, we find no basis upon which to
recommend granting the relief sought.
_________________________________________________________________
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-2013-03246 in Executive Session on 6 May 14, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
Although chaired the panel, in view of her unavailability, has
signed as Acting Panel Chair. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 9 May 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Acting Panel Chair
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