RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05098 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: The actions that precipitated his discharge were due to mental health issues that arose after his deployment to Afghanistan that were not properly addressed. In support of his request, the applicant provides copies of documents extracted from his military medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 May 07, the applicant commenced his enlistment in the Regular Air Force. The applicant received a referral performance report for the period 31 Jan 09 through 31 Dec 09. The report indicates the applicant received a Letter of Reprimand and an Unfavorable Information file for an off-duty alcohol related incident. On 24 Mar 10, the applicant reported to the Family Practice Clinic with symptoms consistent with a current major depression syndrome. The medical note dated 26 Mar 10 indicates the applicant was being seen by mental health and Alcohol and Drug Abuse Prevention & Treatment (ADAPT) program. The applicant stated he has been sober since August 2009. It was further noted the applicant expressed his concerns that he wanted his treatment plan to focus on mental health rather than ADAPT. The medical note further indicated the applicant revealed he was not being retained in the Air Force and would be discharged by 30 Jun 10; he was not happy with the decision, but accepted it. On 30 Jun 10, the applicant was furnished a general (under honorable conditions) discharge for misconduct (minor disciplinary infractions). He was credited with three years and two months of total active service. The applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his general discharge, narrative reason for separation, and reentry code upgraded. On 1 Jun 12, the AFDRB considered and denied the applicant’s request. ________________________________________________________________ AIR FORCE EVALUATION: AFP/DPSOR recommends denial, indicating there is insufficient evidence in the applicant’s military record pertaining to his discharge. However, absent the documentation, there is a presumption of regularity in the conduct of government affairs, which dictates that absent evidence to the contrary, it is presumed the applicant was afforded due process and the discharge was consistent with procedural and substantive requirements of the discharge instruction. 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 25 Jan 13, 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 timely filed. 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 this case; however, we find no evidence of an error or injustice that occurred in the discharge process. We note the applicant's discharge records are not available for our review. Therefore, the facts surrounding his separation and character of service could not be verified. However, based on the presumption of regularity in the conduct of governmental affairs, absent evidence to the contrary, we must assume the applicant's discharge, to include his service characterization and narrative reason for separation, were proper and in compliance with the directive under which it was effected. Other than his own assertions, the applicant has presented no evidence to indicate otherwise. Therefore, in the absence of evidence to the contrary, we find no basis to recommend favorable consideration of the 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-2012-05098 in Executive Session on 30 Jul 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Oct 12, w/atchs. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 18 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 25 Jan 13. Panel Chair