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AF | BCMR | CY2013 | BC-2013-01297
Original file (BC-2013-01297.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01297
		COUNSEL:  NONE
		HEARING DESIRED: NO

	 

________________________________________________________________
_

APPLICANT REQUESTS THAT:

1. His reason and authority of “SDN 363” be removed from his 
DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge.

2. His general (under honorable conditions) discharge be 
upgraded to honorable.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

His discharge should be upgraded due to a back injury that he 
incurred from an auto accident in November or December 1960 at 
Kelly Air Force Base, Texas.  He notes that his doctor placed 
false information in his medical report in order to get him out 
of the service.  He believes the doctor was afraid that he would 
report him for sexual advancements.

In support of his request, the applicant provides a copy of his 
Department of Veterans Administration paperwork, a copy of his 
psychological evaluation, excerpts from his medical records, and 
a copy of a letter from the Office of Personnel Management. 

His complete submission, with attachments, is at Exhibit A. 

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force on 13 Sep 60.  
The applicant’s commander notified him that he was recommending 
him for discharge for emotional instability under the provisions 
of AFR 39-16, paragraph 4b.  He acknowledged receipt of the 
discharge notification and had the opportunity to submit 
statements in his own behalf.  He received a general (UHC) 
discharge on 11 Jun 62 after serving 1 year, 8 months, and 
29 days on active duty.  

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which is at Exhibit C.

________________________________________________________________
_

AIR FORCE EVALUATION:

1. AFPC/DPSOR recommends denial of changing the applicant’s 
reason and authority.  After the applicant was evaluated by an 
evaluation officer, it was determined that the applicant was 
unsuited for further military service.  The specific results of 
his evaluation found the following:  1) He was completely 
incompatible with normal military existence; 2) He could not get 
along with any of his co-workers, could not take competent 
orders and he just wanted “out”; 3) His desire was to be 
separated from the service before any other action on his part 
resulted in a bad conduct discharge or worse; 4) He failed to 
obey lawful orders from superiors; 5) His had a lack of interest 
to participate and progress in upgrade and on-the-job programs.  
The applicant’s emotional instability reactions were determined 
by the medical profession to be unreliable and possibly 
dangerous.

2. The applicant did not submit any evidence or identify any 
errors or injustices that occurred in the discharge processing.  
The discharge to include his reason and authority was consistent 
with the procedural and substantive requirements and the 
discharge manual and was within the discharge authority’s 
discretion.

The complete DPSOR evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 10 May 13 for review and comment within 30 days.  
As of this date, this office has received no 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 error or injustice.  In this 
respect, we took notice of the applicant's 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 available evidence of record, it 
appears the discharge was consistent with the substantive 
requirements of the discharge regulation and within the 
commander's discretionary authority.  As such, we agree with the 
opinion and recommendation of the Air Force office of primary 
responsibility and adopt its rationale as the basis for our 
conclusion that the applicant has not been the victim of an 
error or injustice.  In addition, in the interest of justice, we 
considered upgrading the discharge based on clemency; however, 
we do not find the evidence presented sufficient to recommend 
granting the relief sought on that basis.  Therefore, 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-2013-02197 in Executive Session on 5 Nov 13, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Feb 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOR, dated 6 May 13.
    Exhibit D.  Letter, SAF/MRBR, dated 10 May 13.




                                   
                                   Panel Chair








FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
4


3




This document contains information which must be protected IAW AFI 33-332 and DoD Regulation 
5400.11; Privacy Act of 1974 as Amended Applies, and it is For Official Use Only (FOUO).

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