RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00568

	COUNSEL: 
	
	HEARING: YES

APPLICANT REQUESTS THAT:

His discharge be upgraded from a General (Under Honorable Conditions) to an Honorable discharge characterization.

APPLICANT CONTENDS THAT:

He suffered from depression while on active duty.  His supervisors created a hostile work environment.  He asserts that his misconduct resulted from a reoccurring pattern of self-medication through excessive drinking.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 21 Sep 84, the applicant received a General (Under Honorable Conditions) discharge. 

On 26 Jun 87, the AF Discharge Review Board (DRB) denied the applicant’s request to upgrade his discharge.

On 4 Feb 16, the AF DRB advised the applicant his second request to upgrade his discharge could not be processed because it was more than 15 years ago. 
 
On 20 Jun 16, AFBCMR sent a Clemency Letter to the applicant, but has received no response (Exhibit E).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits D, E, and G.  

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  On 22 Jun 84, applicant was charged and tried by special court-martial for failing to obey a lawful order in violation of Article 92, UCMJ.  There is no evidence or allegation of error or injustice undermining the sentence adjudged at court-martial and subsequently approved, or the multiple NJPs he received.  In accordance with 10 USC 1552(f), the BCMR has no authority to overturn the court-martial conviction, but may, based on clemency, adjust the sentence.  They deferred to the expertise of AFPC/JA regarding the sufficiency of the applicant’s discharge action and recommend they provide an advisory on applicant’s request with regards to an upgrade of his service characterization.  The complete advisory is at Exhibit D.

The AFBCMR Psychiatric Advisor recommends denying the application.  There are no military medical records to suggest the applicant was in treatment for or experiencing depression during his time in the Military.  Even the Department of Veterans Affairs (DVA) did not find his request for service connection for depression justified in 2008.  His performance ratings were reasonable.  He had ongoing promotions.  There is insufficient evidence to warrant the desired change of his record.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copies of the Air Force evaluations to the applicant on 28 Aug 17 for comment (Exhibit F), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/JA recommends denying the application.  In addition to not providing any documentation to corroborate his assertion of depression during his time in the Air Force, the applicant has made no claim or assertion that the discharge process itself contained an error or injustice.  A review of the available files finds that while the initial separation authority in Sep 84 was not the proper separation authority, this error was corrected in Apr 85 when the proper separation authority approved his discharge with a General Service characterization.  The complete advisory is at Exhibit G.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 2 Apr 18 for comment (Exhibit H), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

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 AFLOA/JAJM, AFPC/JA and the AFBCMR Psychiatric Advisor, and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, we note the AFBCMR Mental Health advisor states that there are no military medical records to suggest the applicant was in treatment for or experiencing depression during his time in the Military.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-00568 in Executive Session on 8 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 4 Feb 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Clemency Letter, AFBCMR, dated 20 Jun 16.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 31 Aug 16.
Exhibit E: Advisory opinion, AFBCMR Psychiatric Advisor, dated 15 Aug 17.
Exhibit F: Notification of Advisories, SAF/MRBC to applicant, dated 28 Aug 17.
Exhibit G: Advisory opinion, AFPC/JA, dated 9 Mar 18.
Exhibit H:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.