RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01894 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was in the Air Force for four months shy of his term and does not believe the incidents leading up to his discharge were conducive of anything less than an honorable discharge. The officer he worked with was a very difficult person and chastised all of her workers. He was given reprimands just because she disliked him. He suffered a bad head injury while on Tinker Air Force Base which caused a lot of trauma and affected his duties. After his discharge, he discovered he suffered from manic depression bipolar and it affected his actions and behavior. He has been diagnosed with severe sleep apnea and his doctor can verify his mental status. He has not had any alcohol in over 20 years. He also received a Bachelor of Science in Mechanical Engineering from Drexel University. In support of his request, the applicant provides a personal statement, copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; VA Form 21-4138, Statement in Support of Claim; VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs and extracts from his military personnel records. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 14 May 1979, the applicant enlisted in the Regular Air Force and was progressively promoted to the grade of senior airman. On 18 January 1983, the applicant was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFR 39-10, Administration Separation of Airmen, for a pattern of misconduct; conduct prejudicial to good order and discipline. The specific reasons for this action were: 1) He was placed in the Drug/Alcohol Rehabilitation Program; 2) He received traffic tickets for speeding and failing to have a driver’s license in his possession; 3) He received a ticket for illegal parking; 4) He was incarcerated in the Cleveland County Jail and charged with assault and battery on a minor; 4) He received a Letter of Reprimand for violation of a direct order, which also established an Unfavorable Information File (UIF); 5) He received two Article 15’s for being disrespectful toward his superior commissioned officer, disobeying a lawful command, assault and drunk and disorderly on station. The applicant acknowledged receipt of the notification of discharge, received advice from a military defense attorney and provided statements in his own behalf. On 28 January 1983, the discharge authority determined that a general discharge was appropriate in light of the applicant’s overall military record. On 31 January 1983, the applicant was discharged with a general discharge after completing a period of 3 years, 8 months and 17 days total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 19 January 2011, the FBI investigation and a request for post- service information were forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office (Exhibit D). The applicant reviewed the FBI investigation and states he received a DUI after his discharge from the military. In response to the post-service request, the applicant states he has taken many courses on computer systems and software. He has given up alcohol and during the first ten years of his sobriety, he helped other alcoholics and addicts. The applicant’s complete response is at Exhibit E. _________________________________________________________________ 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. The discharge appears to be in compliance with the governing directives and we find no evidence to indicate that his separation from the Air Force was inappropriate. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of the applicant's appeal, we do not believe he has suffered from an injustice. In addition, based on his overall record of service and limited documentation related to his post-service activities and accomplishments, we are not persuaded that an upgrade of the characterization of his discharge on the basis of clemency is warranted. ________________________________________________________________ THE BOARD DETERMINED 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-2010-01894 in Executive Session on 24 February 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 May 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report, dated 18 Aug 10. Exhibit D. Letter, AFBCMR, dated 19 Jan 11. Exhibit E. Applicant's Response, undated. Panel Chair