RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03813
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unjustly discharged from the Air Force.
In support of his application, he submits a copy of his DD Form 293,
Applicant for the Review of Discharge or Dismissal from the
Armed Forces of the United States.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
21 Feb 80. He was discharged under the provisions of AFR 39-12,
(Misconduct - Fraudulent Enlistment) from the Air Force on 20 Nov 81
with a general (under honorable conditions) discharge. He served 4
months and 1 day of total active duty service, which was non-
creditable.
On 12 Oct 81, the applicant’s commander notified him he was
recommending him for a discharge for fraudulent entry into the Air
Force. The basis for the action was he fraudulently enlisted into the
Air Force by deliberately omitting the fact he had previous military
service in the Army from 26 May 79 to 26 Jul 79 and he also signed a
statement that he had never been treated for mental illness in a
hospital. The applicant had in fact, been treated for a mental
illness prior to and after entering duty in the Army. The reason for
his discharge from the Army was due to physical disability (EPTS)
stemming from psychiatric problems. He intentionally concealed his
mental history and previous service to gain entry into the Air Force.
Applicant submitted a waiver of board hearing conditional upon receipt
of an honorable discharge. His commander and legal authorities
recommend disapproval. The discharge authority agreed and offered
applicant an opportunity to submit an unconditional waiver. While
this discharge was processing, the member became a patient at USAF
Hospital Sheppard from 17 Feb 81 to 4 Nov 81. A medical board
confirmed a diagnosis of paranoid schizophrenic on 12 May 81 and
recommended a Physical Evaluation Board (PEB) and VA hospitalization
for 30 days. The unit commander advised the member his case was
returned from the PEB recommending an administrative discharge for
fraudulent enlistment. On 15 Sep 81, Sheppard Mental Health Services
advised by letter, member was mentally capable to understand the
nature of the discharge proceedings and member admitted he had
concealed his previous mental illness and prior service. On 4 Nov 81,
applicant unconditionally waived his rights to submit matters to a
board. The package was reviewed by the base legal office and found to
be legally sufficient to support the discharge. The Discharge
Authority approved the separation and ordered a general (under
honorable conditions) discharge and applicant was discharged on 20 Nov
81
On 2 May 90, the Air Force Discharge Review Board reviewed and denied
the applicant’s request for discharge upgrade.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial and states based upon the documentation
in the file; they believe the discharge was consistent with the
procedural and substantive requirements of the discharge regulation.
Additionally, the discharge was within the discretion of the discharge
authority. The applicant did not submit any new evidence or identify
any errors or injustices that occurred in the discharge processing.
He provided no other facts warranting an upgrade of the discharge. He
has not filed a timely request.
AFPC/DPPRS complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 10 Jan 03, for review and comment. As of this date, no
response has been received by this office.
_________________________________________________________________
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 that failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of material error or injustice. Applicant’s contention
is at odds with the facts provided by his record. After deliberately
omitting the fact he had previous military service in the Army, the
applicant was discharged with a general (under honorable condition)
discharge. It appears that the responsible officials applied
appropriate standards in effecting the discharge, and the applicant
has not provided persuasive evidence that pertinent regulations were
violated or that he was not afforded all the rights to which he was
entitled. The applicant has failed to sustain his burden of
demonstrating he suffered either an error or an injustice and we
conclude that no basis exist to grant favorable action on his request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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 Docket Number 02-03813
in Executive Session on 12 March 2003, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Brenda L. Romine, Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Nov 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, 20 Dec 02.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 03.
MICHEAL K. GALLOGLY
Panel Chair
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