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AF | BCMR | CY1999 | BC-1998-00289
Original file (BC-1998-00289.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00289
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded from general to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His ability to serve was severely impaired by clinical depression  and
by family hardship.

In support of the appeal, applicant submits a statement commenting  on
the issues listed in the AFDRB package, and a copy of his Compensation
and Pension Exam Report giving the results of  the  examination  taken
for mental disorders.  In addition, he submits a statement and a  copy
of  the  Department  of  Veterans  Affairs’  decision  made   on   his
compensation claim.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant’s military records, are contained in the Brief  prepared  by
an  Examiner  for  the  Air  Force  Discharge  Review  Board  (AFDRB).
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

On 30 January 1995, applicant’s request for an  upgrade  of  discharge
and change of reason for discharge were denied by the AFDRB.

A complete copy of the AFDRB brief is at Exhibit C.

_________________________________________________________________

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 probable error or injustice.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the decision  of  the  AFDRB  and  adopt  their
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  Therefore, in  the  absence
of evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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  this  application  in
Executive Session on 27 May 1999, under the provisions of AFI 36-2603:

            Mr. Douglas J. Heady, Panel Chair
            Dr. Gerald B. Kauvar, Member
            Ms. Peggy E. Gordon, Member
            Ms. Phyllis L. Spence, Examiner (without vote)


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Jan 97, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. AFDRB Brief.





                             DOUGLAS J. HEADY
                             Panel Chair


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