RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02875

XXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

When he enlisted, he was a young, newly married man, with a child on the way.  He had difficulty adapting to the military lifestyle.  He would like to have his discharge upgraded to honorable so that he can qualify for Veterans Administration benefits.  The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 23 April 1971.

On 16 June 1972, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program.  The reason for the action was that the applicant had a mental health evaluation and was diagnosed as having a passive aggressive personality.  The applicant had received two non-judicial punishment actions (NJPs) under Article 15 of the Uniform Code of Military Justice, one letter of reprimand, and one letter of counseling.  On the same day, the applicant acknowledged receipt of the discharge notification.

On 6 July 1972, the Staff Judge Advocate found the discharge legally sufficient and recommended that the applicant be separated with a general (under honorable conditions) discharge.  The discharge authority approved the recommendation.

On 11 July 1972, the applicant received a general (under honorable conditions) discharge.

On 22 September 2016, a request for post-service information was forwarded to the applicant for review and comment (Exhibit F).  As of this date, this office has received no response.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits D and E.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application on the merits.  The NJPs were considered by the applicant’s command in determining his service characterization.  They see no basis in law to suggest that the NJP actions were incorrect in law or fact, or that either NJP, based on the circumstances, is an injustice warranting correction.  The complete advisory is at Exhibit D.

The AFBCMR Psychological Advisor recommends denying the application.  The applicant was given a diagnosis of Passive-Aggressive Personality Disorder.  Symptoms, such as manipulative behavioral features and hostility towards his supervisors, both of which were reported on mental health evaluations, appear to be consistent with this assigned diagnosis.  The applicant did not furnish any medical or mental health records post-service to negate this diagnosis and did not provide any other additional evidence or information from the time of his discharge and beyond to support that there was an error or injustice with his discharge processing.  The complete advisory is at Exhibit  E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 20 July 2018 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, especially the absence of post-service information from the applicant, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02875 in Executive Session on 30 August 2018:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 13 July 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Post Service Clemency Letter, w/atch, dated 22 September 2016.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 16 February 2017.
Exhibit E:	Advisory opinion, AFBCMR Psychological Advisor, dated 19 June 2018.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 20 July 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.