RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01297 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. His reason and authority of “SDN 363” be removed from his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. 2. His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His discharge should be upgraded due to a back injury that he incurred from an auto accident in November or December 1960 at Kelly Air Force Base, Texas. He notes that his doctor placed false information in his medical report in order to get him out of the service. He believes the doctor was afraid that he would report him for sexual advancements. In support of his request, the applicant provides a copy of his Department of Veterans Administration paperwork, a copy of his psychological evaluation, excerpts from his medical records, and a copy of a letter from the Office of Personnel Management. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 13 Sep 60. The applicant’s commander notified him that he was recommending him for discharge for emotional instability under the provisions of AFR 39-16, paragraph 4b. He acknowledged receipt of the discharge notification and had the opportunity to submit statements in his own behalf. He received a general (UHC) discharge on 11 Jun 62 after serving 1 year, 8 months, and 29 days on active duty. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which is at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: 1. AFPC/DPSOR recommends denial of changing the applicant’s reason and authority. After the applicant was evaluated by an evaluation officer, it was determined that the applicant was unsuited for further military service. The specific results of his evaluation found the following: 1) He was completely incompatible with normal military existence; 2) He could not get along with any of his co-workers, could not take competent orders and he just wanted “out”; 3) His desire was to be separated from the service before any other action on his part resulted in a bad conduct discharge or worse; 4) He failed to obey lawful orders from superiors; 5) His had a lack of interest to participate and progress in upgrade and on-the-job programs. The applicant’s emotional instability reactions were determined by the medical profession to be unreliable and possibly dangerous. 2. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. The discharge to include his reason and authority was consistent with the procedural and substantive requirements and the discharge manual and was within the discharge authority’s discretion. The complete DPSOR evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 May 13 for review and comment within 30 days. As of this date, this office has received no response. ________________________________________________________________ _ 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. In this respect, 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 processing. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. As such, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In addition, in the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented sufficient to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ _ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02197 in Executive Session on 5 Nov 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Feb 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 6 May 13. Exhibit D. Letter, SAF/MRBR, dated 10 May 13. 3 4 5