RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02890 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: The narrative reason for separation he received should read that he had a mental health condition and/or he was discharged for the convenience of the government. In support of his request, the applicant provides an expanded statement and a copy of correspondence from the Department of Veterans Affairs (DVA). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 25 Jul 84, the applicant contracted his enlistment in the Regular Air Force. On 8 Jan 86, the applicant’s commander notified him that he was recommending his discharge from the Air Force for a pattern of misconduct – conduct prejudicial to good order and discipline. The reasons for the action was the applicant’s failure to go to his appointed place of duty and absent without authority for which he twice received nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Miltiary Justice (UCMJ). On 8 Jan 86, he acknowledged receipt of the notification of discharge and, after consulting with legal counsel, waived his right to submit a statement in his own behalf. On 10 Jan 86, the case was found to be legally sufficient and, on 17 Jan 86, the discharge authority directed the applicant be furnihed a general discharge. On 22 Jan 86, the applicant was furnihed a general (under honorable conditions) discharge with a narrative reason for separation of ”Pattern of Misconduct,” along with a separation program designator (SPD) code of JKM. He was credited with 1 year, 5 months, and 26 days of total active service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. Based on the documentation on file in the master personnel records, the discharge to include the service characterization was appropriately administered and within the discretion of the discharge authority. The applicant did not provide any evidence that an error or injustice occurred in the processing of his discharge. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 Nov 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2012-02890 in Executive Session on 29 Jan 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Jun 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 6 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12.