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AF | BCMR | CY2003 | 0202578
Original file (0202578.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02578
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had just received an honorable discharge from  the  Army  National  Guard
when he joined the Air Force.  The recruiter told him he  would  again  have
to attend Basic Military Training and would attend supply school.   When  he
enlisted, he was only 19 ½ years of age  and  hotheaded  and  wouldn’t  take
very much of anything.  If he knew then what he knows now,  he  wouldn’t  be
writing this letter.

He  has  completed  a  program  of  study  in   Plywood   Hydraulic   System
Troubleshooting.  He has worked as an electrician  for  14  years  at  Boise
Cascade Mills.  He is a 30-year retired electrician.

In support of his request, applicant submits a  personal  statement,  copies
of diplomas, a copy of his DD Form 214, a copy of  his  honorable  discharge
certificate and a certificate of training from the Department of  the  Army.


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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Army National Guard on 2  September  1960  and
was discharged on 1 March 1961 for successfully  completing  six  months  of
active duty training.  On 18 May 1961, applicant  enlisted  in  the  Regular
Air Force for a period of 4 years in the grade of E-2 and  was  enrolled  in
basic military training (BMT).

Because of great difficulties in academics and his inability  to  get  along
with his training instructors and fellow airmen, his squadron  referred  him
to the Mental Hygiene Division.  On 21  June  1961,  the  Aerospace  Medical
Center, Lackland AFB, TX,  performed  a  mental  health  evaluation  on  the
applicant.   The  mental  health  evaluation  diagnosed   him   as   passive
aggressive  reaction,  chronic,  severe,  manifested  by   extreme   passive
obstructionism, sarcasm, belligerence,  total  disregard  for  authoritative
figures and for the rights of others, and  total  inability  to  accept  any
form of discipline.

On 28 June 1961, in accordance with AFR 39-16, paragraph 4b, Section A,  and
paragraph 9b(4), Section C, the commander  initiated  discharge  proceedings
against the applicant.  The applicant was advised  of  his  rights  in  this
matter.  The applicant waived his right to submit statements in  his  behalf
and to military legal counsel.  On 11 July  1961,  the  discharge  authority
directed that the applicant be discharged  from  the  Air  Force  under  the
provisions of AFR 39-16, paragraph  4b,  Section  A,  and  paragraph  9b(4),
Section  C  with  a  type  of  discharge  as  general.   The  applicant  was
discharged on 14 July 1961.  He had served 1 month and  27  days  on  active
duty in the Regular Air Force and a total of 7 months and 27 days of  active
service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS  states  that  based
upon the documentation in the file, the discharge was  consistent  with  the
procedural and substantive requirements of the discharge regulation.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that when he enlisted in the Air Force he  didn’t  have
to go to BMT and would be put in an on-the-job training  status  in  supply.
The  drill  instructors  didn’t  like  prior  service  personnel   and   the
commanders didn’t know what was going on half the time.

Applicant’s response is at Exhibit E.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  Applicant’s contentions  are  duly  noted;
however, we find no evidence of error in  this  case  and  after  thoroughly
reviewing the documentation that has been  submitted,  the  Board  does  not
believe he has suffered from an injustice.  The applicant  has  provided  no
evidence showing the information in his discharge case file  was  erroneous,
his substantial rights were violated, or that his  commanders  abused  their
discretionary  authority.   Therefore,  we  agree  with  the   opinion   and
recommendation of the Air Force office of primary responsibility  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  In view of the  above,  favorable
consideration of the applicant’s request is not possible.

_________________________________________________________________

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 5 February 2002, under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton, Jr, Panel Chair
      Mr. Steven A. Shaw, Member
      Mr. Thomas J. Topolski, Jr, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 15 August 2002, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 12 September 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 20 September 2002.
     Exhibit E.  Letter, Applicant, undated.





                                  ROSCOE HINTON JR
                                  Panel Chair

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