RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02316 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His separation from the Air Force be changed to a medical discharge or medical retirement. ________________________________________________________________ APPLICANT CONTENDS THAT: He waived his right to a hearing before an administrative discharge board because of threats of a dishonorable discharge and an extension of his tour. His counsel did not advise him of his options and he was rushed through the discharge process. He did receive care from a mental health professional while he was in the Air Force. However, he did not have any mental health conditions before he enlisted. In support of his request the applicant provides copies of his DD Form 214, Report of Separation from Active Duty; discharge documents, performance reports and various other documents associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 12 Feb 1971, the applicant enlisted in the Regular Air Force. On 10 Dec 1973, the Mental Health Clinic diagnosed the applicant as having a character and behavior disorder manifested as immature personality exacerbated by an adult situational reaction. On 8 Feb 1974, his commander notified him he was recommending he be discharged under the provisions of AFM 39-12, Separation for Unsuitability, Unfitness, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program. On 8 Feb 1974, the applicant acknowledged receipt of the discharge notification and waived his right to submit statements in his own behalf. On 12 Feb 1974, the Staff Judge Advocate found the discharge action legally sufficient. On 20 Feb 1974, the discharge authority approved the separation and directed that the applicant be separated with an honorable discharge. On 27 Feb 1974, the applicant was discharged with an “honorable” character of service. He was credited with 3 years and 15 days of total active service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. DPSOR states that the applicant's commander initiated separation action on the basis of a character and behavior disorder, specifically: immature personality exacerbated by an adult situational reaction, diagnosed by the Mental Health Clinic, as manifested by substandard duty performance and failure to report for work on time. The substandard duty performance was outlined in statements from his first sergeant and the former flight chief which led to his disqualification under the Human Reliability Program. The applicant declined to participate in the Probation and Rehabilitation Program. While DPSOR cannot confirm what the applicant may have been told during his discharge process, his military records indicate on 8 Feb 1974, he signed a statement that he waived his right to a hearing before an administrative discharge board. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. Moreover, based on the documentation on file in the master personnel records, the discharge to include the reason and authority was consistent with the procedural and substantive requirements of the discharge manual and was within the discretion of the discharge authority. The complete DPSOR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 5 Aug 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, this office has received no response (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 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 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC- 2013-02316 in Executive Session on 20 Feb 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member ? The following documentary evidence was considered in AFBCMR BC- 2013-02316: Exhibit A. DD Form 149, dated 9 May 2013, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 11 Jul 2013. Exhibit D. Letter, SAF/MRBR, dated 5 Aug 2013. Panel Chair 4 4 5