RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02230 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. __________________________________________________________________ APPLICANT CONTENDS THAT: He was unable to persuade his commander that the former commander’s review of his non-judicial punishment was not fair. He had multiple witnesses who were ready to speak in his behalf, including a noncommissioned officer. His commander stated that it was his fault as he was the “new guy.” However, he told him that his discharge would be upgraded in six months from his date of separation if he did not get into any criminal trouble as a civilian. He has not been in any criminal trouble. He worked as a building inspector for nearly 20 years and was medically retired. In support of his request the applicant provides copies of DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States; college transcripts, certificates, special awards, letters and various other items related to his request. His complete submission, with attachment, is at Exhibit A. __________________________________________________________________ STATEMENT OF FACTS: On 18 Jan 1984, the applicant enlisted in the Regular Air Force for a period of four years. On 6 Mar 1985, his commander notified him that he was recommending he be discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, for minor disciplinary infractions. The specific reasons for his action were: On 18 Jun 1984, he received an Article 15 for violating a lawful general regulation by having a female visitor in his assigned room and for being disorderly in station. On 2 Jan 1985, he received an Article 15 for being drunk and disorderly and willfully damaging government property on 21 Dec 1984. On 23 Jan 1985, he missed an appointment at the Mental Health Clinic. On 1 Mar 1985, he received a Letter of Reprimand for having failed to repair his locker door by 28 Feb 1985, as he was instructed. On 6 Mar 1985, the applicant acknowledged receipt of the discharge notification. According to a letter from a psychiatrist dated 13 Mar 1985, the applicant was diagnosed with bi-polar disorder, which responds to Lithium Carbonate. The psychiatrist stated if Lithium therapy was still needed after one year he would recommend a discharge with honorable conditions. An additional letter from the same psychiatrist dated 14 Mar 1985, indicates the applicant’s problems in the military directly related to his problems in the military and that the correct medication he is receiving will help him deal with stress. On 20 Mar 1985, the applicant again acknowledged receipt of the discharge notification, consulted with counsel and submitted statements in his behalf. On 26 Mar 1985, the Staff Judge Advocate (SJA) found the discharge legally sufficient. On 9 Apr 1985, the discharge authority directed that he be discharged with a general (under honorable conditions) discharge without probation and rehabilitation. On 12 Apr 1985, he was discharged from the Air Force with a general (under honorable conditions) discharge. He served a total of 1 year, 2 months and 24 days of active duty. On 14 Feb 2014, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C). In a letter dated 4 Mar 2014, the applicant indicated since leaving the Air Force he has been plagued with a bi-polar disorder, which started in the Air Force. However, he has lived a successful life. He graduated from college and went to work as a building inspector and code enforcer. He met his wife of 20 years while working for the City and he has helped raise her two children. In further support of his request, the applicant provides copies of character letters, college transcripts, employee records, FBI report, medical documents, certificates and various other items related to his appeal. His complete submission, with attachments is at 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 error or injustice. The Board took notice of the applicant's complete submission in judging the merits of the case; however, the Board majority found 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. The applicant has provided no evidence which would lead the Board majority to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. In the interest of justice, the Board considered upgrading the characterization of the applicant’s discharge based on clemency; however, after considering his overall record of service and his post-service documentation, the Board majority did not find the evidence presented was sufficient to compel them to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, the Board majority finds no basis upon which to recommend granting the relief sought in this application. __________________________________________________________________ RECOMMENDATION OF THE BOARD: The Board majority finds insufficient evidence of error or injustice and recommends the application be denied. __________________________________________________________________ The following members of the Board considered this application in Executive Session on 25 Mar 2014, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member By a majority vote, the Board voted to deny the request. XXXXXXXX voted to correct the record as requested and submitted a minority report. The following documentary evidence was considered in AFBCMR BC-2013-02230: Exhibit A. DD Form 149, dated 6 May 2013, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 14 Feb 2014, w/atch. Exhibit D. Letter, Applicant, dated 4 Mar 2014, w/atchs. Exhibit E. Minority Report, dated 4 Apr 2014. Panel Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: XXXXXXX, AFBCMR Docket Number: BC-2013-02230 I have carefully reviewed this case and agree with the minority member that the applicant’s request to upgrade his general (under honorable conditions) discharge to honorable is warranted on the basis of clemency. In reaching this decision, I note the evidence of record indicates that the applicant was suffering from bipolar disorder at the time of the infractions leading to his separation and that this condition was the likely cause of the infractions. Despite being stymied by his bi-polar disorder and general discharge; he has lead a productive life since leaving the Air Force as evidenced by his solid record of citizenship as an employee, husband, and father. Therefore, in view of the totality of the evidence presented, the applicant's request should be granted on the basis of clemency and I direct his records be corrected to show that on 12 April 1985, he was honorably discharged and furnished an Honorable Discharge certificate. Director Air Force Review Boards Agency AFBCMR BC-2013-02230 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code, it is directed that: The pertinent military records of the Department of the Air Force relating to XXXXXXX, XXXXXXX, be corrected to show that on 12 April 1985, he was honorably discharged and furnished an Honorable Discharge certificate. Director Air Force Review Boards Agency