ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02452
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
RESUME OF CASE:
On 27 May 1999, the Board considered and denied applicant’s request to
upgrade his bad conduct discharge. A complete copy of the Record of
Proceedings, with attachments, is attached at Exhibit F.
In a letter dated 27 March 1999, the case manager states that the applicant
has been in the mental health system for many years. He has been diagnosed
with major depression recurrent, with psychotic features, anxiety attacks
have aggravated this diagnosis. They believe these problems have been
evident throughout his life, and possibly could be the underlying factor
for his many problems in life, from his early teen years to the present.
The psychotic features most probably are the main cause for his many
involvements with law enforcement agencies, due to the applicant’s reacting
or acting without thinking of the consequences, or how the action will
affect him. They are requesting a reconsideration on his appeal for an
upgraded discharge on these grounds and for the simple fact that the
applicant is 64 years old and would like to leave this world knowing that
he does not have a black mark on his record. The applicant has stated that
he did file an appeal for an upgraded discharge in a timely manner. The
applicant did not receive a copy of the Air Force Evaluation, but did
receive a copy of the FBI report only without a response form. Most of the
charges on the FBI report show no convictions due to the fact of charges
being dropped. The only conviction was for malicious destruction of
private property with a sentence of five days confinement, which was served
before the court appearance - the applicant had unintentionally broken a
window in Alaska. The applicant has been actively involved in the
Community Counseling mental health system from 1995 until now (Exhibit G).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting an upgrade of
discharge. We find no impropriety in the characterization of applicant's
discharge. As stated in our earlier findings, it appears that responsible
officials applied appropriate standards in effecting the separation, and we
do not find persuasive evidence that pertinent regulations were violated or
that applicant was not afforded all the rights to which entitled at the
time of discharge. We conclude, therefore, that the discharge was
appropriate to the existing circumstances.
2. We also find insufficient evidence to warrant a recommendation that
the discharge be upgraded on the basis of clemency. We have considered
applicant's overall quality of service, the events which precipitated the
discharge, and his post-service conduct; on balance, we do not believe that
clemency is warranted.
_________________________________________________________________
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 6 August 2001, under the provisions of AFI 36-2603:
Mr. Mr. Patrick R. Wheeler, Panel Chair
Mr. Roger E. Willmeth, Member
Mr. John E. Pettit, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 2 Mar 01, w/atchs.
Exhibit G. Letter, Community Counseling Centers, Inc., dated
22 Mar 01.
Exhibit H. Letter, AFBCMR, dated 9 April 2001, w/atchs.
PATRICK R. WHEELER
Panel Chair
A complete copy of the Record of Proceedings is attached at Exhibit C (with Exhibit A). Applicant’s complete submission is at Exhibit D. Applicant provided a response to the FBI report, which is attached at Exhibit G. _________________________________________________________________ THE BOARD CONCLUDES THAT: In earlier findings, we determined that there was insufficient evidence to warrant any corrective action regarding the applicant’s request for upgrade of his undesirable discharge. ...
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