RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03246
			COUNSEL: NO
			HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His minor disciplinary infractions were due to a sleep disorder 
induced by Post-Traumatic Stress Disorder (PTSD) which caused 
him to be late for work. There were no other disciplinary 
infractions.

In support of his appeal, the applicant provides a copy of his 
Psychosocial Assessment

The applicant's complete submission, with attachment, is at 
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 2 Jun 81, the applicant enlisted in the Regular Air Force. 

On 3 Feb 83, the applicant was eliminated from technical school 
training after it was determined that neither his performance 
nor his attitude reflected a desire to succeed. 

On 11 Mar 83, the applicant was notified by his commander of his 
intent to recommend his discharge from the Air Force for 
Misconduct-Minor Disciplinary Infractions under the provisions 
of AFR 39-10, Administrative Separation of Airmen.  The 
commander noted that during the applicant’s military career, he 
had accumulated two Letters of Reprimand (LORs), one Article 15, 
Uniform Code of Military Justice (UCMJ) action and one vacation 
of Article 15 punishment and demoted to the grade of airman, all 
for failures to go.  The applicant acknowledged receipt of the 
notification of discharge and after consulting with counsel, 
submitted a statement on his own behalf.  

On 28 Mar 83, the Staff Judge Advocate (SJA) reviewed the case 
and found it legally sufficient to support discharge and 
recommended the applicant be given a general (under honorable 
conditions) discharge without the offer of probation or 
rehabilitation.

On 30 Mar 83, the discharge authority approved the applicant’s 
discharge.  On 5 Apr 83, the applicant was discharged for 
Misconduct-Pattern of Minor Disciplinary Infractions with 
service characterized as general (under honorable conditions). 
He served 1 year, 10 months and 4 days of total active service.

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) indicated that on the basis of the 
information provided, they were unable to locate an arrest 
record. 

_________________________________________________________________

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.  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 
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 us to believe the 
characterization of service was contrary to the provisions of 
the governing regulation, unduly harsh, or disproportionate to 
the offenses committed.  In the interest of justice, we 
considered upgrading the characterization of the applicant’s 
discharge based on clemency; however, after considering his 
overall record of service and the infractions which led to his 
administrative separation we are not persuaded that an upgrade 
is warranted.  In view of the above and 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-2013-03246 in Executive Session on 6 May 14, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

Although chaired the panel, in view of her unavailability, has 
signed as Acting Panel Chair.  The following documentary 
evidence was considered:


	Exhibit A.  DD Form 149, dated 9 May 13, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.




							
							Acting Panel Chair



1