RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02850

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His Undesirable (Under Other than Honorable Conditions) discharge, be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

He was suffering from extreme depression which the Air Force would not treat.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman (Amn). 

On 19 Jun 71, the applicant was arraigned, tried, and found guilty of violation of the Uniform Code of Military Justice (UCMJ), Article 86.  On or about 8 Mar 71 until on or about 3 Jun 71 without authority, absent himself from his organization.  Court Martial Order No. 28 was issued on 10 Aug 71.   

On 24 Mar 72, the applicant requested a discharge for the good of the service, acknowledging he understood if approved, it may result in his receiving an undesirable discharge.  

On 27 Mar 72, the applicant’s commander notified the Group Commander he was recommending the applicant for discharge.

On 31 Mar 72, the applicant’s counsel advised the Group Commander the applicant’s only desire was to get out of the service.

On 12 Apr 72, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 15 Apr 72.

On 21 Apr 72, the applicant received an Undesirable (Under Other Than Honorable Conditions) discharge. 

On 14 Sep 16, AFBCMR request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).  On 13 Mar 17, the applicant provided an FBI Background Check, and a written letter briefly discussing his life prior to, during, and post-service (Exhibit D). 

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

AIR FORCE EVALUATION:

BCMR Psychological Consultant recommends denying the application.  The applicant has not filed a timely petition as it has been over 40 years since the applicant was discharged from the Air Force. Nevertheless, in the interest of justice the consultant reviewed all the available medical documentation and military records.  Based on a review of applicant’s records, there was insufficient evidence to suggest his mental health condition, specifically depression, was a mitigating factor to his misconduct and discharge.  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 26 Apr 18 for comment (Exhibit F), 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 BCMR Psychological Consultant 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-2016-02850 in Executive Session on 5 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, received 14 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Cover Letter, AFBCMR, dated 14 Sep 16.
Exhibit D:	FBI Background Check, Applicant, received 13 Mar 17.  
Exhibit E:	Advisory opinion, BCMR Psychological Consultant, dated 16 Apr 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 26 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.