RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00600 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His under other than honorable conditions (UOTHC) discharge be upgraded to honorable or general (under honorable conditions). 2. His narrative reason for separation be changed to reflect something other than “Misconduct.” ________________________________________________________________ APPLICANT CONTENDS THAT: His symptoms of Gulf War Syndrome as a result of his support of Operation Desert Shield/Storm led to his diagnosis of Post- Traumatic Stress Disorder (PTSD) and contributed to his misconduct. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 11 Dec 90. On 27 Mar 97, the applicant’s commander notified him that he was recommending his discharge from the Air Force for A Pattern of Misconduct, Conduct Prejudicial to Good Order and Discipline. The reasons for the action included the applicant making a false official statement, driving a car while impaired, failing to pay just debts, and misuse of his government credit card, for which he received two separate nonjudicial punishment (NJP) actions under Article 15 of the Uniform Code of Military Justice (UCMJ) and a Letter of Reprimand (LOR)/Unfavorable Information File (UIF), respectively. On 7 Apr 97, the applicant acknowledged receipt of the action and invoked his right to a hearing before an administrative discharge board. On 29 Apr 97, the applicant’s commander served an addendum to the notification on the applicant to include the additional misconduct of sleeping on duty, for which he received NJP action under Article 15 of the UCMJ. He also notified the applicant that he was recommending he receive an UOTHC discharge instead of a general (under honorable conditions) discharge. On 29 Apr 97, the applicant acknowledged receipt of the Addendum to Notification Memorandum, waived his right to a hearing before an administrative discharge board, and submitted statements on his own behalf. On 2 May 97, the legal office recommended approving the applicant’s unconditional waiver and discharging the applicant with an UOTCH discharge. On 7 May 97, the discharge authority accepted the applicant’s unconditional waiver and directed he be discharged and furnished an UOTHC discharge. On 8 May 97, the applicant was furnished an UOTHC discharge and was credited with 6 years, 4 months, and 28 days of total active service. On 3 Dec 13, a request for post-service information was forwarded to the applicant for comment within 30 days (Exhibit C). In response, the applicant reiterates that his PTSD contributed to his misconduct. He highlights some of the contributions he provided to the Air Force during his career such as, helping to create a paperless finance system and helping other bases to implement the system, playing sports for the squadron, and winning various awards. He also mentions some of the things he has done since leaving the Air Force such as, working for insurance company and helping them implement a paperless system, becoming a fireman, and volunteering in the community. He goes on to mention that his son and father died but he remained sober even through those tough times. Lastly, he would appreciate consideration and acknowledgement of his good deeds when evaluating his case. In support of his response, the applicant provides an expanded statement and copies of awards he won with his Fire Department (Exhibit D). ________________________________________________________________ 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 in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge process. Based on the available evidence of record, it appears the applicant’s Under Other Than Honorable Conditions (UOTHC) discharge for misconduct was consistent with the substantive requirements of the discharge regulation and within the discharge authority’s discretion. He has provided no evidence which would lead us to believe otherwise. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to conclude that his post-service accomplishments overcome the misconduct for which he was discharged. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s UOTHC discharge. ________________________________________________________________ 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-2013-00600 in Executive Session on 14 Jan 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00600 was considered: Exhibit A. DD Form 149, dated 11 Feb 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 3 Dec 13, w/atch. Exhibit D. Letter, Applicant, undated, w/atchs. 3 4