RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2006-00041
INDEX CODE:  110.02
	XXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXXXXXXXXXX			HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 July 2007

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APPLICANT REQUESTS THAT: 

His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to general under honorable conditions.

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APPLICANT CONTENDS THAT:

He believes he was unjustly discharged because when he got in trouble he was suffering from severe depression.  His 15 years of dedicated service and clean record should count towards an upgrade to his discharge characterization.  He is trying to get into the veterans medical system.  

The applicant does not provide any evidence in support of his appeal.  A copy of the applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 13 December 1983, the applicant enlisted in the Regular Air Force at the age of 23 in the grade of airman basic (E-1) for a period of four years.  He was progressively promoted to the grade of staff sergeant (E-5) effective and with a date of rank of 1 September 1990.  Following his completion of basic training, the applicant was trained and served as an Air Transportation Craftsman.  He received fifteen performance reports from the period 13 December 1983 through 15 September 1997 with ratings of 9, 9, 9, 9, 9, 9, 5, 5, 5, 5, 5, 5, 4, 5, and 5.  

On 15 December 1998, the Superior Court of the State of Washington sentenced the applicant to civil confinement for a period of 42 months after finding him guilty of one count of unlawful imprisonment and one count of assault in the second degree.  

On 18 March 1999, his commander notified the applicant of his recommendation to discharge the applicant under the provisions of paragraph 5.51.1 of Air Force Instruction (AFI) 36-3208, Administrative Separation of Airmen, and Air Force Personnel Directive 36-32, Military Retirements and Separations, with an UOTHC discharge.  On 23 March 1999, the applicant acknowledged receipt and requested a hearing before an administrative discharge board with military counsel.  

On 14 May 1999, an administrative discharge board found reasonable evidence to support the applicant’s discharge and recommended he be discharged with a UOTHC discharge without probation and rehabilitation (P&R).  On 23 July 1999, the staff judge advocate found the case to be legally sufficient.  On 28 July 1999 the discharge authority approved the recommendation and directed the applicant be separated with a UOTHC discharge under the provisions of AFI 36-3208, Chapter 5, Section H, paragraph 5.51 and 5.56 and Chapter 6, Table 6.11 without P&R.  

The applicant was discharged effective 20 August 1999 with an UOTHC discharge.  He served 15 years, 8 months, and 7 days of active duty.  

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation in affect at that time and was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in his discharge processing.  It is DPPRS’ opinion that the applicant has provided no facts warranting a change to his character of service.  The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded that he takes full responsibility for his conviction.  He feels if he had received the proper medical treatment for his depression he would not have received a UOTHC discharge.  He hopes the Board will take into consideration his 15 years of honorable service and the numerous decorations and citations he received.  The applicant’s rebuttal, with attachments, is at Exhibit E.

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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 probable error or injustice.  The applicant did not provide persuasive evidence showing the information in the discharge case was erroneous, his substantial rights were violated, or that his commanders abused their discretionary authority.  The characterization of discharge which was issued at the time of the applicant’s separation accurately reflects the circumstances of his separation and we do not find the characterization of discharge to be in error or unjust.  Furthermore, the applicant has provided no evidence indicating that, subsequent to his separation, he has made a successful post service adjustment.  Therefore, we are not inclined to favorably consider his request based on clemency.  Accordingly, the applicant’s request is denied.

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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.

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The following members of the Board considered this application in Executive Session on 10 May 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2006-00041:

	Exhibit A.  DD Form 149, dtd 25 Dec 05.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/ DPPRS, dtd 22 Feb 06. 
	Exhibit D.  Letter, SAF/MRBC, dtd 3 Mar 06.
	Exhibit E.  Applicant’s Letter, dtd 24 Mar 06, w/atchs.