RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00377
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
His type of discharge reflect a disability rating.
He receive the appropriate level of compensation from date of
separation.
APPLICANT CONTENDS THAT:
He was diagnosed with many ailments while serving in the Air
Force; which have only gotten worse with age. These injuries
were sustained while enlisted with the United States Air Force
Honor Guard and they were never fully evaluated.
In support of the applicants request, he submits a letter
detailing multiple injuries which he listed on his DD Form 2697,
Report of Medical Assessment, dated 7 Jan 05 while processing
for separation. His injuries include shoulder pain, joint
arthritis with decreased mobility, bilateral knee pain,
excessive scare tissue and a contracted sexually transmitted
disease.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 19 Aug
03.
On 18 May 04, the applicant received an Article 15, Nonjudicial
Punishment, for violating Article 134, wrongfully possessing a
military identification card. He was reduced in grade to airman
(suspended) and restricted to the limits of base for 14 days.
On 2 Jun 04, the applicant received a Letter of Reprimand for
failing to go a violation of Article 91 of the Unformed Code of
Military Justice (UCMJ).
On 3 Jun 04, the applicant received a second Letter of Reprimand
for lying a violation of Article 91 of the UCMJ.
On 3 Jun 04, the applicant received a third Letter of Reprimand
for failing to go a violation of Article 91 of the UCMJ.
On 26 Jul 04, the applicant received a fourth Letter of
Reprimand for failure to go a violation of Article 91 of the
UCMJ.
On 27 Jul 04 the applicants commander determined he violated
the conditions of his suspension to which he left the
restrictions of base. He thereby vacated his suspended
reduction in rank.
On 25 Nov 04, the applicant received his fifth Letter of
Reprimand for lying a violation of Article 91 of the UCMJ.
On 21 Dec 04, the applicant received his sixth Letter of
Reprimand for insubordination, fraud and lying in violation of
Articles 91, 132, and 134 of the UCMJ.
On 6 Jan 05, the applicant was notified his commanders intended
to discharge him for minor disciplinary infractions in
accordance with AFI 36-3208, Administrative Separation of
Airmen, Chapter 5, paragraph 5.49.
On 25 Jan 05, the discharge authority approved the commanders
recommendation and directed a General (Under Honorable
Conditions) discharge. Probation and rehabilitation was not
deemed appropriate in this case.
On 28 Jan 05, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 1 year, 5
months, and 10 days of active service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or an injustice. Based on documentation contained in
the record the applicant was afforded several opportunities to
overcome his deficiencies. The applicants time in the Air
Force consisted of nothing more than a series of negative
events.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
BCMR Medical Consultant recommends denial indicating there is no
evidence of an error or an injustice. The military Disability
Evaluation System (DES), established to maintain a fit and vital
fighting force, can only offer compensation for those service
incurred diseases or injuries which specifically rendered a
member unfit for continued active service and were the cause
for career termination; and then only for the degree of
impairment present at the time of separation and not based on
future occurrences. The Medical Consultant opines the applicant
has not met the burden of proof that warrants the desired change
of the record.
A complete copy of the BCMR Medical Consultant evaluation is at
Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 Oct 14, the applicant responded to the Air Force
Advisories. He contends that after being diagnosed with
influenza and a sexual transmitted disease he was mentally
distraught and lost all will as if his life was over; which,
clouded his judgment, causing him to make poor decisions.
Additionally, if the Air Force and its staff properly assess his
medical/mental needs his numerous infractions would have never
happened. He might have made a turn for the best and continued
a very much positive career.
A complete copy of the applicants response is at Exhibit F.
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, to include his
rebuttal comments, in judging the merits of the case; however,
we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt its rationale
as the basis for our conclusion the applicant has not been the
victim of an error of injustice. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the requested relief.
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-2014-00377 in Executive Session on 13 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 25 Jun 14.
Exhibit D. Memorandum, Medical Consultant, dated 15 Jul 14
Exhibit E. Letter, SAF/MRBR, dated 15 Sep 14.
Exhibit F. Applicants letter, dated 7 Oct 14.
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