RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04306 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect: a. Upgrade of his under other than honorable conditions (UOTHC) discharge to an honorable discharge. b. Credit for his service in Vietnam (administratively corrected) and, c. He be furnished a Veterans’ identification card. _________________________________________________________________ APPLICANT CONTENDS THAT: For over 13 years he served honorably. While serving in the Philippines in support of Vietnam he became depressed, unstable and an alcoholic as evidenced by his medical records. He stayed in rehab for a month prior to his discharge. A lot of his medical and mental problems are from being in the military. In support of his appeal, the applicant provides a personal statement and a copy of his DD Form 214, Report of Separation from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 13 Aug 62, the applicant contracted his initial enlistment in the Regular Air Force. On 21 Jan 76, court-martial charges were preferred against the applicant for wrongful possession of a military identification card, wrongful possession of a privilege and ration card, and uttering an altered check. On 20 Feb 76, the applicant requested to be discharged in lieu of trial by court-martial. He also acknowledged that if his request for discharge was approved he could receive an undesirable discharge under other than honorable conditions. On 25 Feb 76, the trial counsel for the Seventh Circuit recommended the applicant’s request for discharge in lieu of court-martial be accepted despite there being no doubt the applicant committed the offenses for which he was charged. He was a peripheral figure in what turned out to be a large ring of Philippine counterfeiters. On 26 Feb 76, the applicant’s commander recommended the request for discharge in lieu of trial by court-martial be approved and the applicant be furnished an undesirable discharge certificate. On 1 Mar 76, a psychiatric evaluation was performed on the applicant and while it was noted that he had a long-standing habitual excessive drinking problem, he was found free of any mental defect, disease, or derangement; and had the mental capacity to understand the nature and probably consequence of all his acts. There was no evidence of psychosis, neurosis, or character and behavior disorder. On 2 Mar 76, the case was found legally sufficient and the wing commander forwarded the case to the discharge authority with a recommendation to approve the action and issue the applicant an undesirable discharge. On 10 Mar 76, the action was again found legally sufficient and the discharge authority approved the request, directing the applicant be furnished an undesirable discharge. On 29 Mar 76, the applicant was furnished an under other than honorable conditions (UOTHC) discharge and credited with 13 years, 7 months and 17 days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation indicated that on the basis of the data furnished, they were unable to locate an arrest record. On 5 Dec 11, AFPC/DPAPP informed the applicant that his service in Vietnam (boots on ground), during the period 12 Aug 72 – 11 Feb 73, had been verified. On 22 May 12, a request for post-service information was forwarded to the applicant for review and comment for 30 days (Exhibit C). 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; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record, it appears 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, unduly harsh, or disproportionate to the offenses committed. We note the applicant attributes many of his problems to his military service; however, the record reflects that a psychiatric evaluation determined that despite his drinking and other problems, he was free from mental defect, disease, or derangement and had the capacity to understand the nature and consequences of his acts. We considered upgrading the discharge based on clemency; however, we do not find it would be in the interest of justice to do so at this time. Regarding the request for an identification card, we find this request outside the purview of the Board as there is no record to correct that would authorize issuance of any such Veteran Identification Card. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting any relief beyond that already rendered administratively. _________________________________________________________________ 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 AFBCMR Docket Number BC-2011-04306 in Executive Session on 26 Jun 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04306 was considered: Exhibit A. DD Form 149, dated 29 Sep 11, w/atchs. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, AFBCMR, dated 22 May 12, w/atch.