RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02951 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He received an honorable discharge for his first term of enlistment. Due to his traumatic experiences in Vietnam and not knowing he was suffering from PTSD, he made unwise choices which led to his UOTHC discharge. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued for his service from 18 April 1969 to 6 January 1972, he was honorably discharged after serving 2 years, 8 months and 19 days on active duty. On 7 January 1972, the applicant entered this period of active duty. In an undated letter, the applicant was notified by his commander that he was recommending he be discharged In Accordance With (IAW) AFM 39-12, Separation for Unsuitability, Misconduct, Resignation or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, Chapter 2, Section 5, paragraph 2-15e. The specific reason for the recommendation was the applicant’s pattern of dishonorable failure to pay just debts. On 4 April 1973, the applicant acknowledged the discharge recommendation, requested his right to an administrative discharge board and declined to submit statements in his own behalf. He understood that he could be issued an undesirable discharge and deprived of veterans’ benefits. According to the Judge Advocate (JA) memorandum dated 2 May 1973, the applicant was notified a board of officers would be convened for the purpose of making findings and recommendations as to whether he should be discharged for unfitness as defined in AFM 39-12, Chapter 2, Section B. The documentary evidence presented to the board included eight letters evidencing his debts and two Article 15s. On 9 May 1973, an administrative discharge board recommended the applicant be discharged for unfitness with an undesirable discharge. On 29 May 1973, the discharge authority approved the discharge recommendation. On 31 May 1973, the applicant was discharged with a UOTHC after serving 1 year, 4 months and 24 days of active duty service. On 19 September 2014, SAF/MRBR provided the applicant an opportunity to submit information pertaining to his activities since leaving the service (Exhibit C). As of this date, this office has not received a response. AIR FORCE EVALUATION: The BCMR Clinical Mental Health Consultant recommends denial and finds no evidence of an injustice or inequity in the records reviewed. Additionally, there is no evidence to support the applicant’s claim of having suffered from PTSD at the time of his misbehavior and resultant discharge. The applicant underwent a discharge board on 9 May 1973. During the course of the discharge board, the applicant’s counsel made an argument that the applicant should not be given an undesirable discharge by citing his excellent service record and desire to attend college by using the G.I. Bill. There is no claim of extenuation due to any mental illness or emotional issue. The application contained no documentation, from any source, documenting any symptoms, diagnosis or treatment of symptoms consistent with PTSD or any other mental illness. A complete copy of the BCMR Clinical MH Consultant’s evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 October 2015 for review and comment within 30 days (Exhibit E). 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 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 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. While the applicant believes his discharge should be upgraded due to PTSD, as noted by the BCMR Mental Health Consultant, there is no medical evidence presented to warrant upgrading the discharge on this basis. Therefore, we agree with the opinion and recommendation of the BCMR Mental Health Consultant and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. In the interest of justice, we considered upgrading the discharge based on clemency; however, there was no evidence submitted to compel us to recommend granting the relief sought on that basis. In view of the above and 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-2014-02951 in Executive Session on 29 October 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 April 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 19 September 2014, w/atchs. Exhibit D. Memorandum, BCMR Clinical MH Consultant, dated 6 October 2015. Exhibit E. Letter, SAF/MRBR, dated 9 October 2015.