Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 00377
Original file (BC 2014 00377.txt) Auto-classification: Denied
   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 applicant’s 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 applicant’s 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 applicant’s 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 commander’s 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 commander’s 
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 applicant’s 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 applicant’s 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 applicant’s 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.  Applicant’s letter, dated 7 Oct 14.

						






Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 03297

    Original file (BC 2013 03297.txt) Auto-classification: Denied

    On 3 Feb 05, the discharge authority recommended denial of the retirement request and recommended execution of the approved discharge, and, on 28 Mar 05, the Major Command Director of Personnel office concurred with the discharge authority’s recommendation. On 13 May 05, in accordance with AFI 36-3203, Service Retirements, the Secretary of the Air Force Personnel Council (SAFPC) reviewed the applicant’s request for retirement in lieu of discharge, and recommended his application to retire...

  • AF | BCMR | CY2005 | BC-2004-02216

    Original file (BC-2004-02216.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02216 INDEX CODE: 108:00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: He be medically retired with a minimum disability rating of 10 percent. _________________________________________________________________ AIR FORCE EVALUATION: The Medical Consultant...

  • AF | DRB | CY2007 | FD2007-00018

    Original file (FD2007-00018.pdf) Auto-classification: Denied

    The records indicated the applicant received an Article 15, four Letters of Reprimand, a Letter of Counseling, and two Records of Individual Counseling for misconduct. The applicant received an Article 15 for lailure to go to his appointed place of duty and for making a false official statement. These actions constitute violations of Articles 86 and 92,of the Uniform Code of Military Justice ( U o ; As a result, you received a Letter of Couns6l~g (LOC), dated 29 Nov 05.

  • AF | BCMR | CY2014 | BC 2014 00825

    Original file (BC 2014 00825.txt) Auto-classification: Denied

    DPAPP notes that after a review of the applicant’s military records, they could not determine at any time was he placed on an AAC code 17. The complete JA evaluation is at Exhibit G. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant notes that after reviewing the response from JA, he was not eligible to meet the CY10 RIF Board. In addition, while we cannot determine with any certainty, it appears the applicant may have received an earlier version of the PSDM for the CY10 RIF Board,...

  • AF | DRB | CY2006 | FD2005-00202

    Original file (FD2005-00202.pdf) Auto-classification: Denied

    The records indicated the applicant received an Article 15, four Letters of Reprimand and one Record of Individual Counseling for failing dorm and uniform inspections, false statements, disrespect to an NCO, disobeying an order, and being late to duty. The characterization of the discharge received by the applicant was found to be appropriate. Moreover, the Board concluded that if the applicant's shoulder injury had been medically disqualifying, administrative discharge under AFI 36-3208...

  • AF | DRB | CY2007 | FD2006-00462

    Original file (FD2006-00462.pdf) Auto-classification: Denied

    (Change Discharge to Honorable, Change the RE Code, and Reason for Discharge) Issue 1: I would like the Air Force Review Board to change my code, because I'm wanting to return to the Air Force either as active duty as prior or as a reservist. for which you were punished under Article 15, c. On 7 Jan 05, you failed to report to work cm time, for which you received a Letter of Reprimand (LOR), dated 7 Jan 05, which was filed in your Personal Information File (PIF), d. On 15 Jul04, the wit was...

  • AF | BCMR | CY2013 | BC 2013 05675

    Original file (BC 2013 05675.txt) Auto-classification: Denied

    STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 24 Jul 81. On 29 Jul 82, an evaluation officer reviewed the applicant’s case and recommended he be discharged from the Air Force and furnished a general discharge for a progressive downward trend in his attitude and duty performance. On 24 Dec 85, the Air Force Discharge Review Board (AFDRB) considered the applicant’s request to upgrade his discharge and reenlistment code, and...

  • AF | DRB | CY2002 | FD2002-0531

    Original file (FD2002-0531.pdf) Auto-classification: Denied

    The 58 MED GP/CC recommends the respondent be separated from the United States Air Force with a general discharge without probation and rehabilitation pursuant to AFR 39-10, Section H, paragraph 5~-47(b) for a pattern of misconduct. The respondent has met with military counsel and has elected to submit statements regarding this discharge action. Forward the case to |2AF/CC recommending the respondent receive an honorable discharge; or c- Separate the respondent with a general discharge...

  • AF | BCMR | CY2014 | BC 2014 03909

    Original file (BC 2014 03909.txt) Auto-classification: Denied

    DODI 1332.32, Physical Disability or Medical Disqualification, paragraph E3.P3.2.1, in effect at the time of the applicant’s service reads: “A service member shall be considered unfit when the evidence establishes the member, due to physical disability is unable to reasonably perform the duties of his or her office, grade, rank or rating.” The Medical Consultant concedes a more thorough evaluation of his right knee should have been documented at the time of separation than appears on his...

  • AF | DRB | CY2003 | FD2003-00167

    Original file (FD2003-00167.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN Alc PERSONAL APPEARANCE X RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ~ COUNSEL :- : YES | NO xX [ADDRESS AND OR ORGANIZATION OF COUNSEL VOTE. CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0167 GENERAL: The applicant appeals for upgrade of discharge to Honorable. In addition, he received three Letters of Reprimand and two Records of Individual...