RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00591

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge changed to reflect a medical discharge.

APPLICANT CONTENDS THAT:

Following a psychological evaluation in 1959, “the doctors recommended a medical discharge under honorable conditions,” however, his squadron commander did not like him, and issued him an UOTHC discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered active military service on 12 Oct 58 and was discharged on 13 Nov 59, with UOTHC character of service.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFBCMR Psychiatric Advisory recommends denying the application.  The applicant’s record includes a statement from a psychiatrist opining that he has Antisocial Personality Disorder, however, no other mental or physical conditions are noted that would warrant a medical discharge (diagnosis of a Personality Disorder would not preclude separation with UOTHC character of service), with recommendation for an “appropriate” administrative separation.  Due to the significant development of the field of psychiatry in the last 50 years, the psychiatric consultant is hesitant to interpret the diagnostic impression provided in the 1950s, given that no additional medical documentation is included in the case file.  The record is also reflective of multiple instances of misconduct along with a threat of a suicide “that would cause the deaths of many other persons” reportedly made by the applicant on 5 Apr 59.  The Psychiatric Consultant finds insufficient evidence to warrant the desired change of the record.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Sep 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

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 AFBCMR Psychiatric Advisor and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2016-00591 in Executive Session on 3 Apr 18:

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

Exhibit A:	Application, DD Form 149, dated 5 Feb 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 15 Aug 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Sep 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, Docket Number BC-2016-00591, required by AFI 36-2603, paragraph 4.11.9.