RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04216 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. The characterization of his discharge be upgraded to 
honorable, or in the alternative, to general (under honorable 
conditions) due to medical reasons. 

 

2. His former rank of staff sergeant (E-5) be reinstated. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

A medical discharge from the Air Force is justified since the 
Department of Veterans Affairs (DVA) granted his service-
connection for a disability incurred in 1982 at RAF Lakenheath, 
England. 

 

In support of his application, the applicant provides copies of 
the DD Forms 214 issued for his periods of active service and a 
DVA rating decision dated 20 August 2010. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 4 June 1976 and was released from active 
duty and transferred to the Air Force Reserve (AFRes) on 
3 June 1980 at the expiration of his term of service. He 
subsequently reenlisted in the Reg AF and served on active duty 
from 19 January 1981 until 2 December 1982, at which time he was 
discharged under the authority of AFM 39-12 (Unsuitability-
Apathy, Defective Attitude), with service characterized as 
general (under honorable conditions). 

 

On 6 February 1997, the Air Force Discharge Review Board (AFDRB) 
considered and denied the applicant’s request for an upgrade of 
his discharge characterization. A complete AFDRB hearing record 
is at Exhibit C. 

 

 
On 15 April 2010, the Department of Veterans Affairs (DVA) 
awarded the applicant a 100 percent service-connected disability 
rating for anxiety disorder not otherwise specified (NOS), 
depressive disorder NOS, somatoform disorder NOS, and personality 
disorder NOS (previously addressed as dysthymic disorder, stress, 
and dysphoria disorder. 

 

________________________________________________________________ 

 

FINDINGS AND CONCLUSIONS OF THE BOARD: 

 

We have carefully reviewed the applicant’s submission and the 
evidence of record and do not find a sufficient basis to excuse 
the untimely filing of this application. The applicant did not 
file within three years after the alleged error or injustice was 
discovered as required by Title 10, United States Code, Section 
1552 and Air Force Instruction 36-2603, Air Force Board for 
Correction of Military Records. The applicant has not shown a 
plausible reason for the delay in filing, and we are not 
persuaded that the record raises issues of error or injustice 
which require resolution on the merits. Thus, we cannot conclude 
it would be in the interest of justice to excuse the untimely 
filing of this application. 

 

________________________________________________________________ 

 

DECISION OF THE BOARD: 

 

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness. It is the 
decision of the Board, therefore, to reject the application as 
untimely. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-04216 in Executive Session on 1 September 2011, 
under the provisions of AFI 36-2603: 

 


The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 6 Nov 2010, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. AFDRB Hearing Record, dated 14 Feb 97. 

 Exhibit D. Letter, Applicant, dated 2 June 11, w/atchs. 

 Exhibit E. Letter, Kentucky American Legion, not dtd.