RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00480

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His character of service should be upgraded because he received the Vietnam Gallantry Cross with Palm, the Vietnam Service Medal with 4 Bronze Stars, and was a contributing factor in his unit receiving the Air Force Outstanding Unit Award with Valor and 1 Oak Leaf Cluster.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 9 Nov 66.

On 20 May 68, the applicant received an Article 15, for unlawfully striking an airman in the face.

On 28 Feb 70, the applicant received an Article 15, for wrongfully communicating to a non-commissioned officer (NCO) a threat to kill another airman by striking him with a tire iron.

On 29 Sep 70, the applicant received an Article 15, for disobeying a lawful order of an NCO.  

On 5 Oct 70, the applicant’s first sergeant revealed that the applicant suffers from a persecution complex; in that, he feels that military rules and regulations are enforced solely to keep him subdued.  

On 6 Oct 70, the Consolidated Base Personnel Office (CBPO) commander directed the applicant be returned to the CONUS at the earliest practical date, and he be furnished a general discharge.  

On 8 Oct 70, the applicant was furnished a general (under honorable conditions) discharge, and was credited with three years, and eleven months of active service, to include one year and five days of foreign service time. 

On 29 Mar 16, a request for post-service information was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).   

AIR FORCE EVALUATION:

AFBCMR Psychiatric Consultant opines there is not enough evidence provided to consider the changes requested by the applicant.  It is clearly evident from the material at hand, that this applicant was severely affected by his abuse of substances while in the military.  She notes the applicant’s post service accomplishments, but that there is no other supportive evidence.  The complete advisory is at Exhibit D.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Apr 18 for comment (Exhibit E), and the applicant replied on 27 Apr 18.  In his response were the documents sent on 11 Apr 18, but no comments.  The applicant’s complete response is at Exhibit F.

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.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFBCMR Psychiatric Consultant, and find that a preponderance of the evidence supports that 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 the service was contrary to the provisions of the governing regulation, or unduly harsh.  In the interest of justice, we considered upgrading the discharge based on clemency; however, there was no evidence submitted to compel us 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 RECOMMENDS 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-2016-00480 in Executive Session on 23 May 2017 and 15 May 2018, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00480 was considered:

	Exhibit A.  DD Form 149, dated 1 Feb 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 29 Mar 16, w/atch.
	Exhibit D.  Advisory, AFBCMR Psychiatric Consultant, dated
			  22 Feb 18.  
	Exhibit E.  Letter, SAF/MRBC to applicant, dated 11 Apr 18.
	Exhibit F.  Letter, Applicant w/atchs, dated 27 Apr 18.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.