RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-00193

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was discharged while serving in basic military training (BMT) due to a mental condition.

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

STATEMENT OF FACTS:

The applicant enlisted in the Air National Guard of New York on 7 October 1982.

On 15 December 1982, the applicant was honorably discharged in the grade of airman basic under the provisions of ANGR 39-10 (Failure to Complete BMT) and was credited with 2 months and 9 days of net service, to include 28 days of active service.

On 6 February 2015, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (Exhibit C).  As of this date, this office has received no response.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D.

AIR FORCE EVALUATION:

The AFBCMR Psychiatric Advisor recommends denial indicating there is no evidence of an error or an injustice.

The advisor states the applicant’s enlistment medical history, dated 3 April 1982, did not report any prior behavioral health issues.  The applicant’s separation physical listed depression, excessive worry and nervous trouble of any sort as a preexisting condition.

The Psychiatric Advisor is truly bedazzled by the applicant’s petition due to its timing and the nature of the request.  Limited records are available for review and this consultant has no knowledge of the reasons behind applicant’s failure to complete his Basic Military Training in 1982.  However, it appears that the applicant does not have the correct DD Form 214 and NGB Form 22 in his possession, or some other factors make him truly confused about his discharge; since both documents clearly state that he was given an honorable discharge.  Consequently, his request for a general discharge would be a great detriment.

A complete copy of the AFPC/DPSIDE evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 April 2016 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely; however, it is in the interest of justice to waive 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 agree with the opinion and recommendation of the Psychiatric Advisor and adopt her rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The Board, as noted by the Psychiatric Advisor, further confirms that the honorable character of service awarded to the applicant is accurate, and that a change to a general discharge would be detrimental to the applicant. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 this application in Executive Session on 10 May 2016 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 January 2015.
	Exhibit B.  Applicant’s Available Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 6 February 2015.
Exhibit D.  Memorandum, AFBCMR Psychiatric Advisor, dated
			  31 March 2016.
	Exhibit E.  Letter, AFBCMR, dated 6 April 2016.