RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00726
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be changed to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he told Dr. C--- in the Air Force that he was gay he was crying
out for help. In reality he was paranoid schizophrenia (he was given
an undesirable discharge later upgraded to a general (under honorable
conditions) discharge).
In support of the appeal, applicant submits a copy of his DD Form 293
and a copy of his medical evaluation and a copy of his DD Form 214.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s master personnel record (MPR) appears to have been
destroyed or lost. However, the following facts have been obtained
from a copy of a separation document provided by the applicant.
Applicant enlisted in the Regular Air Force on 20 May 1964 at the age
of 20 for a period of 4 years.
On 27 September 1965, while serving in the grade of airman third
class, he was discharged from the Air Force with an under honorable
conditions discharge in the provisions of Chapter 2, Section B, AFM
39-12, for unfitness.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an investigative report that is
attached at Exhibit B. On 22 July 2003, a copy of the Federal Bureau
of Investigation (FBI) Report was forwarded to the applicant for
review and response within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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 error or injustice. We note that there is no
documentary evidence available relating to the reason(s) for the
applicant’s separation. Based on the presumption of regularity in
governmental affairs and in the absence of evidence by the applicant
showing the contrary, we assume that his discharge was proper and in
accordance with the provisions of the discharge directive under which
it was effected. The only other basis by which the applicant could
be afforded the relief he seeks would be as a form of clemency based
on a successful post service adjustment. Other than his own personal
statement, the applicant has provided no evidence to substantiate
that in the years since his separation, he has led a useful and
productive life. We also noted that the applicant was discharged in
1964 and that in 1989, information in the FBI report indicates that
he was convicted in a civil court for the offenses of “simple
assault” and communicating “terroristic threats.” In view of the
foregoing and in the absence of any documentary evidence pertaining
to the quality of his service and the circumstances surrounding his
separation, 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 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, BC-
2003-00726, in Executive Session on 30 October 2003, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Charlie E. Williams, Jr., Member
Ms. Dorothy P. Loeb, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jan 03, w/atchs.
Exhibit B. FBI Report.
Exhibit C. Ltr, AFBCMR, dtd 22 Jul 03.
RICHARD A. PETERSON
Panel Chair
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