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AF | BCMR | CY1998 | 9703179
Original file (9703179.pdf) Auto-classification: Denied
f 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

JUN  2 3  1998 

IN THE MATTER OF: 

DOCKET NUMBER:  97-03179 
COUNSEL:  MR. SCHLUZ I1 

HEARING DESIRED:  NO 

Applicant requests that his undesirable discharge be upgraded to 
honorable.  Applicant's submission is at Exhibit A. 

The  appropriate Air  Force  office  evaluated  applicant's request 
and provided  an advisory opinion to  the  Board  recommending the 
application  be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the applicant for review and response  (Exhibit D). 
Applicant's response to the advisory opinion is at Exhibit E. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence  of  record, we  find  insufficient evidence  of 
error or injustice to warrant  corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent  persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

- 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of  the  Board  Mr.  David  W.  Mulgrew,  Mr.  Frederick  R. 
Beaman 111, and Mr. Joseph G. Diamond considered this application 
on 16 June 1998, in accordance with the provisions of Air Force 
Instruction 36-2603 and the governing statute, 10 U.S.C. 1552. 

w w  

W. MULGREW 

DAVID 
Panel Chair 

Exhibits: 

A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  AFBCMR Ltr Forwarding Advisory Opinion 
E.  Applicant's  Response 
F.  FBI Report 

7 

DEPARTMENT O F  THE AIR FORCE 

HEADQUARTERS AIR TORCE PERSONNEL CENTER 
. 
I 

RANDOLPH AIR FORCE 6ASE TEXAS 

NOV  I 4  1997 

MEMORANDUM FOR AFBCMR 
FROM:  HQ AFPCDPPRS 

550 C Street West Ste 11 
Randolph AFB TX 78 1 50-471 3 

The applicant, while serving in the grade of airman private, was discharged from the Air Force 
27 Jun 5 I  under the provisions of AFR 39-17 (Unfitness) and received an undesirable discharge. 
He scrvcci 0 I  year.  10 montlis and 05 days total active service. 

RccIuestccl Action.  Thc applicant is requcs~ing that his undcsirahlc discharge be upgraded to 

honornbic. 

Basis for Request.  Applicant states he was not mcntally sound at the time of his discharge and 
his due process right was violated because of  that.  He indicates in his application that he would 
like his discharge to be iipgrtldcd to at least unadaptable or unsuitable because his defense 
counsel told him thal it' he did not fight the discliargc board that he would receive a general 
discharge and would  bc cligible for thc draft into the Armj* in G months.  He further states that he 
I'ound out later that hc had a inciital disorder arid that thc psychiatrist roport was in Jan 50 and he 
went bcforc thc discharge board  in May 50 and that AFR 39-1 7 states he should have gone 
bcbre the psychialrist \vithin  -30 days bttforc going hcliirc a discharge board.  AFDRB reviewed 
his cast on  I7 Mar ti0 ancf  again on 0 Alar 82 and AFDRBs denied his request for upgrade of his 
Jischargc  wc concur ivith thc iindings of tliosc boards. 

I-acts.  On  I7 Mny 5 1. applicant's comiiimdor rccomniendcd that the applicant be required to 

appear before a Board of Officers convened to review evidence of habits or traits of character 
manifested by misconduct by the applicant.  He had been court-martial three times during his 
current enlistment.  The first court-martial was for disobeying a NCO and using thrcatFning 
language, the second court-martial was for disobeying a NCO and failure to repair and the third 
court-martial wa..  for failure to obey the lawful orders of an officer.  Applicant had a total of 49 
days lost timc due to two conhement periods.  Applicant appcared befure the board with 
counsel. 
been prcviously court-martial three times, the applicant had received company punishment for 
failure to repair, statement from the Base Psychiatrist that applicant had a paranoid personality, 
all attempts for rehabilitation had proven to fail and finally, retention in the Air Force was not to 
be in the best interest of the Air Force. The discharge board recommended the applicant be given 
an undesirable discharge.  On  15 Jun 5 1, the discharge authority directed that applicant be 
discharged under the provisions of AFR 39- 17 and that he be issued an undesirable discharge 
certificate. 

l'hc discliargo board's findings and recommendations were:  that thc applicant had 

.. . 

Discussion.  This case has been reviewed and the discharge was consistent with the procedural 
and substantive requirements of the discharge regulation and was within the sound discretion of 
the discharge authority and that the applicant was provided full administrative due process. AFR 
39-1 7.25 Jan 5 1 does not require that a mental report be submitted within 30 days of a member 
appearing before a discharge board.  The records indicate member’s military service was 
reviewed and appropriate action was taken. 

Kcconmendation.  Applicant did not suhiriit an)’ ncw evidence or identify any errors in the 
discharge proccssing nor provide facts which \vanant an upgrade of the discharge he received. 
Accordingly.  we r e c o n i n i d  applicant’s request bc denied.  He has not liled a timely request. 

Military Personnel Mgmt Spec 

.  Separations Branch 

Dir of Personnel  Program Managemcnt 



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