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AF | BCMR | CY2003 | BC-2003-02441
Original file (BC-2003-02441.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02441
                       INDEX CODE:  110.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions  (general)  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He requested to be relieved from duty because  he  was  depressed  and
being a security policeman he was required to carry a gun and although
he had no suicidal thoughts he felt it was best to be relieved of duty
for the safety of others and himself.

He believes he was discharged with a general discharge because he  was
deemed psychologically unfit by a psychologist.  He was never  offered
or given any treatment.

The applicant also states he was in the Army Reserve from  April  2001
through October 2002.

Applicant's complete  submission,  with  attachment,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11  December  1981  in
the grade of airman for a period of six years.

On 4 March 1985, applicant was notified of his commander's intent to
initiate   discharge   action   against   him   for   unsatisfactory
performance.  The specific reasons for the discharge action were  as
follows:  being late for duty, substandard duty performance, leaving
his appointed place of duty early, missing an appointment,  sleeping
on post and a recommendation from Mental Health that  the  applicant
should not carry a weapon.

The events that led to the applicant  being  discharged  are  listed
below:

      a.  On 16 June  1984,  the  applicant  received  a  record  of
counseling for being late for duty.

      b.  The applicant was verbally counseled on 8 July  1984,  for
being on post with his hat off and laid back.

      c.  On 15 August 1984, the applicant  was  verbally  counseled
for a dishonored check.

      d.  On 27 October 1984, the applicant  received  a  Letter  of
Reprimand (LOR) for being off post.

      e.  The applicant received an  LOR  on  6  December  1984  for
missing an appointment.

      f.  On 23 December 1984, the applicant received  a  record  of
counseling for being late  for  duty  and  to  improve  performance,
attitude, and appearance.

      g.  On 26 December 1984, the  applicant’s  commander  notified
him he was not being recommended for promotion  due  to  substandard
duty performance.

      h.  On 7 January 1985, a request for administrative action was
requested for the applicant’s substandard duty performance.

      i.  On  9  January  1985,  the  applicant’s  squadron  section
commander requested a Mental Health  Evaluation  on  the  applicant.
The Mental Health Evaluation was conducted  on  22  and  24  January
1985.  The evaluation revealed the applicant was a possible  problem
drinker, he had an Adjustment Disorder with depressed mood and Mixed
Personality Disorder with immature and avoidant traits.

      j.  On 16 January 1985, the applicant  received  a  letter  of
counseling (LOC) for being late for duty on 15 January 1986.

      k.  The applicant received verbal  counseling  on  24  January
1985 for a dishonored check.

      l.  On 25 January 1985, the applicant was  verbally  counseled
for a dishonored check.

      m.  On 13 February 1985, the applicant received  a  letter  of
admonishment (LOA) for not being at his designated duty  station  on
12 February 1985.

      n.  On 13 February 1985, the applicant  received  an  LOA  for
being late for duty on 13 February 1985.

      o.  On 7 and 8 March 1985, the applicant missed his  scheduled
appointment for a physical and social actions.

The commander advised the applicant of his right  to  consult  legal
counsel and that military legal counsel had been obtained  for  him;
and to submit statements in his  own  behalf;  or  waive  the  above
rights after consulting with counsel.

The applicant  acknowledged receipt of the notification letter on  4
March 1985.

On  11  March  1985,  an  addendum  was  added  to  the  applicant’s
Recommendation  for  Discharge  for  the   applicant   missing   his
appointment to have a physical on 7 March 1985 and on 8  March  1985
missing a scheduled appointment with social actions.

The applicant submitted a statement  in  his  behalf  regarding  his
discharge on 12 March 1985.

On 13 March 1985, the applicant acknowledged receipt of the addendum
to the Recommendation for Discharge and waived his right to  consult
counsel.

On 18 March 1985, the applicant submitted a statement in his  behalf
regarding the addendum to the Recommendation for Discharge.

The commander indicated in his recommendation for  discharge  action
that he repeatedly counseled the applicant with negative results.

A legal review was conducted on 15 March 1985  in  which  the  staff
judge advocate  recommended  the  applicant  be  discharged  with  a
general discharge with no probation and rehabilitation.

A resume of applicant's performance reports follows:

            PERIOD ENDING         OVERALL EVALUATION

                 10 Dec 82              8
                 27 Jun 83              8
                  1 Apr 84              9
                  3 Mar 85              4

Applicant was discharged on 29 March 1985, in the  grade  of  airman
first class with an under honorable conditions (general)  discharge,
in accordance  with  AFR  39-10  (unsatisfactory  performance).   He
served a total of 3 years, 3 months and 19 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not  submitted  any  evidence  nor
identified any errors or injustices that occurred in the processing of
his discharge.  Based upon the documentation in the applicant's  file,
they believe his discharge was  consistent  with  the  procedural  and
substantive requirements of the discharge regulations  of  that  time.
Also, the discharge was within the sound discretion of  the  discharge
authority.  Although the applicant provided character  statements,  he
did not provide any facts to warrant  an  upgrade  of  his  discharge.
Based on the information and  evidence  provided  they  recommend  the
applicant's request be denied (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
30 September 2003, for review and  response.   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 the failure of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force and adopt their rationale as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an  error  or  an  injustice.   Based  on  the  documentation  in  the
applicant's records, it appears that the processing of  the  discharge
and  the  characterization  of  the  discharge  were  appropriate  and
accomplished in accordance with Air Force policy.  While the applicant
contends  that  he  was  discharged  because  he  was   deemed   unfit
psychologically, it appears  that  the  discharge  was  based  on  the
applicant’s overall misconduct, substandard duty performance  and  the
recommendation from Mental Health not to carry a  weapon  which  could
have been incompatible with his job as a security specialist.   It  is
noted the Mental Health provider indicated the  applicant’s  retention
in the Air Force should be at the discretion of the commander.   There
is no indication he was discharged for being
psychologically unfit.  Therefore, in the absence of evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2003-02441  in  Executive  Session  on  4  November  2003  under   the
provisions of AFI 36-2603:

                       Ms. Charlene Bradley, Panel Chair
                       Ms. Cheryl Jacobson, Member
                       Ms. Patricia D. Vestal, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 Aug 03, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 29 Aug 03.
   Exhibit D.  Letter, SAF/MRBR, dated 30 Sep 03.




                                        CHARLENE BRADLEY
                                        Panel Chair

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