RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00600
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His under other than honorable conditions (UOTHC) discharge
be upgraded to honorable or general (under honorable
conditions).
2. His narrative reason for separation be changed to reflect
something other than Misconduct.
________________________________________________________________
APPLICANT CONTENDS THAT:
His symptoms of Gulf War Syndrome as a result of his support of
Operation Desert Shield/Storm led to his diagnosis of Post-
Traumatic Stress Disorder (PTSD) and contributed to his
misconduct.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 11 Dec 90.
On 27 Mar 97, the applicants commander notified him that he was
recommending his discharge from the Air Force for A Pattern of
Misconduct, Conduct Prejudicial to Good Order and Discipline.
The reasons for the action included the applicant making a false
official statement, driving a car while impaired, failing to pay
just debts, and misuse of his government credit card, for which
he received two separate nonjudicial punishment (NJP) actions
under Article 15 of the Uniform Code of Military Justice (UCMJ)
and a Letter of Reprimand (LOR)/Unfavorable Information File
(UIF), respectively.
On 7 Apr 97, the applicant acknowledged receipt of the action
and invoked his right to a hearing before an administrative
discharge board.
On 29 Apr 97, the applicants commander served an addendum to
the notification on the applicant to include the additional
misconduct of sleeping on duty, for which he received NJP action
under Article 15 of the UCMJ. He also notified the applicant
that he was recommending he receive an UOTHC discharge instead
of a general (under honorable conditions) discharge.
On 29 Apr 97, the applicant acknowledged receipt of the Addendum
to Notification Memorandum, waived his right to a hearing before
an administrative discharge board, and submitted statements on
his own behalf.
On 2 May 97, the legal office recommended approving the
applicants unconditional waiver and discharging the applicant
with an UOTCH discharge.
On 7 May 97, the discharge authority accepted the applicants
unconditional waiver and directed he be discharged and furnished
an UOTHC discharge.
On 8 May 97, the applicant was furnished an UOTHC discharge and
was credited with 6 years, 4 months, and 28 days of total active
service.
On 3 Dec 13, a request for post-service information was
forwarded to the applicant for comment within 30 days (Exhibit
C). In response, the applicant reiterates that his PTSD
contributed to his misconduct. He highlights some of the
contributions he provided to the Air Force during his career
such as, helping to create a paperless finance system and
helping other bases to implement the system, playing sports for
the squadron, and winning various awards. He also mentions some
of the things he has done since leaving the Air Force such as,
working for insurance company and helping them implement a
paperless system, becoming a fireman, and volunteering in the
community. He goes on to mention that his son and father died
but he remained sober even through those tough times. Lastly,
he would appreciate consideration and acknowledgement of his
good deeds when evaluating his case. In support of his
response, the applicant provides an expanded statement and
copies of awards he won with his Fire Department (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 an 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 process. Based on the
available evidence of record, it appears the applicants Under
Other Than Honorable Conditions (UOTHC) discharge for misconduct
was consistent with the substantive requirements of the
discharge regulation and within the discharge authoritys
discretion. He has provided no evidence which would lead us to
believe otherwise. In the interest of justice, we considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to conclude that his
post-service accomplishments overcome the misconduct for which
he was discharged. In view of the foregoing, and in the absence
of evidence to the contrary, we conclude that no basis exists to
upgrade the applicants UOTHC discharge.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2013-00600 in Executive Session on 14 Jan 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-00600 was considered:
Exhibit A. DD Form 149, dated 11 Feb 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 3 Dec 13, w/atch.
Exhibit D. Letter, Applicant, undated, w/atchs.
Panel Chair
3
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