RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02971 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His undesirable discharge be changed. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has been treated for bipolar disorder at Johns Hopkins 
Hospital since 1971 and it was determined that he was born with 
this disease. Undesirable behavior is a result of this disease. 
He served his country for 1 year, 7 months, and 10 days and 
received the National Defense Service Medal (NDSM). He truly 
believes that his discharge should be changed. If the Board 
needs a letter from his doctor, he can get it. He discovered 
this injustice when applying for Veterans Affairs (VA) benefits. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Report of Separation from the Armed Forces of the 
United States, and a copy of a letter from the National Personnel 
Records Center (NPRC). 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Regular Air Force on 24 Feb 53. The 
applicant’s commander recommended him for discharge under AFR 39-
17 for unfitness with regard to his duties and off-duty conduct. 
Additional pertinent information: The applicant was in the 
service on a waiver for fraudulent enlistment (concealment of 
conviction by civil authorities) granted by his commander. The 
staff judge advocate found the case legally sufficient and the 
discharge authority directed he be discharged with an undesirable 
discharge on 8 Dec 54 after serving 1 year, 7 months and 10 days 
on active duty. 

 

On 25 Feb 58, the Air Force Discharge Review Board (AFDRB) 
reviewed his appeal to be granted an upgrade to his discharge and 
a waiver to permit reenlistment; however, the AFDRB denied his 
request. 


 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. On 9 Mar 12, a copy of the FBI report was 
forwarded to the applicant for review and comment within 30 days. 
As of this date, no response has been received by this office. 

 

On 9 Mar 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days. In response to our request, applicant provided 
post-service information, which is attached at 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. After careful 
consideration of the available evidence, we found no indication 
the actions taken to effect his discharge were improper or 
contrary to the provisions of the governing regulations in effect 
at the time, or the actions taken against the applicant were 
based on factors other than his own misconduct. In addition, in 
view of the contents of the FBI Identification Record we are not 
persuaded that the characterization of the applicant’s discharge 
warrants an upgrade based on clemency. Having found no error or 
injustice with regard to the actions that occurred while the 
applicant was a military member, we conclude that no basis exists 
to grant favorable action on his request. Therefore, based on 
the available evidence of record, we find no basis upon which to 
favorably consider 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 AFBCMR Docket 
Number BC-2011-02971 in Executive Session on 17 May 12, under the 
provisions of AFI 36-2603: 


 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 5 Aug 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 9 Mar 12. 

 

 

 

 

 

 Panel Chair