RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02023
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He accepted the other than honorable conditions discharge due to  a
previously undiagnosed mental illness (Bipolar  disorder)  and  the
lack of competent counsel.

In support of  his  appeal,  applicant  submitted  a  copy  of  his
DD Form 214, Armed Forces of the United States Report  of  Transfer
or Discharge, dated 30  Jan  59,  and  a  Certificate  of  Military
Service  reflecting  his  honorable  discharge  from  the  Army  on
14 Jun 56.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Prior to the period of service under review, the  applicant  served
honorably in the US Army on active duty from 18 Mar  55  until  his
discharge on 14 Jun 56.

Applicant enlisted in the Regular Air Force  on  7  May  57  for  a
period of four years, in the grade of airman third class (A3C/E-2).
 His grade at the time of discharge was airman basic (AB/E-1)  with
a date of rank of 3 Oct 57.

On 31 Dec 57, applicant was convicted by Summary Court-Martial  for
being absent without leave (AWOL) from on or about (o/a) 6  Dec  57
until o/a 24 Dec 57.  He was restricted to the limits of  the  base
for 15 days.

On 24 Jun 58, he was convicted by Summary Court-Martial  for  being
AWOL from o/a 2 Jun 58 until o/a 17 Jun 58.  He  was  sentenced  to
confinement at hard labor (CHL) for one  month  and  forfeiture  of
$40.

On or about 24 Jul 58, the applicant received  an  Article  15  for
failure to go to his  appointed  place  of  duty.   His  punishment
consisted of seven days of extra duty.

On 26 Sep 58, he was convicted by Summary Court-Martial for failure
to go to his appointed place of duty.  He was sentenced to CHL  for
30 days and forfeiture of $20.

On 5 Jan 59, applicant was convicted by Summary  Court-Martial  for
being AWOL from o/a 5 Dec 58 until o/a 19 Dec 58.  He was sentenced
to CHL for 30 days and forfeiture of $40.

On 8 Jan 59, applicant received a medical evaluation stating he had
no physical or mental conditions warranting  separation  under  the
provisions of AFM 35-4.

On 12 Jan 59,  the  commander  initiated  administrative  discharge
action against  the  applicant  for  unfitness,  stating  that  the
applicant was considered unfit for continued  service  in  the  Air
Force due to the reasons as listed above.

On  that  same  date,  applicant  acknowledged   receipt   of   the
administrative discharge  action  and  waived  his  entitlement  to
appear before a board of officers and requested discharge  in  lieu
of board proceedings.  He further acknowledged that  he  understood
that if his application was approved, that his separation could  be
under conditions other than honorable and that he could receive  an
undesirable discharge, and that this may deprive him of rights as a
veteran under both federal and state legislation.

On 15 Jan 59, the deputy commander  recommended  the  applicant  be
discharged and indicated the staff judge advocate  found  the  case
legally sufficient to support discharge.

On 20 Jan 59,  the  discharge  authority  approved  an  undesirable
discharge  and  directed   that   the   applicant   be   issued   a
DD Form 258AF, “Undesirable Discharge Certificate.”  On 30 Jan  59,
applicant was discharged under the provisions  of  AFR 39-17,  with
service characterized as under other than honorable conditions.  He
was credited with 1 year, 4 months, and  18  days  of  active  duty
service (excludes 126 days lost time due to being AWOL, extra  duty
and confinement).

The remaining relevant facts pertaining to the applicant’s  medical
condition while on active duty are contained in the AFBCMR  Medical
Consultant’s evaluation at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

The  BCMR  Medical  Consultant  reviewed   this   application   and
recommended denial.  Prior to discharge the applicant was  referred
for and underwent medical evaluation that included an assessment of
his mental state on 7 Jan 59, resulting in a finding of no evidence
of medical or mental disorders.

Applicant  was  administratively  discharged  for  misconduct.   He
states that post-service, he was diagnosed  with  Bipolar  Disorder
and contends  undiagnosed  Bipolar  Disorder  caused  the  behavior
leading up to his discharge.  There is no evidence in  the  service
medical record that indicates the applicant was  manifesting  signs
or  symptoms  of  mental  illness.   Regardless,  individuals  with
psychiatric conditions  are  held  accountable  for  their  actions
unless there is evidence the individual was legally insane  at  the
time of their misconduct.  There is no evidence of  mental  illness
of  this  severity.   The  applicant  was  properly  evaluated  for
evidence of mental illness at the time of his  discharge  and  none
was found.  Action and disposition in  this  case  are  proper  and
reflect compliance with Air Force  directives  that  implement  the
law.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 19 Dec 03 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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.   The  discharge
appears to be in compliance with the governing  regulation  and  we
find no evidence to indicate that his separation from the Air Force
was inappropriate.  We find no evidence of error in this  case  and
after  thoroughly  reviewing  the  documentation  that   has   been
submitted in support of applicant's appeal, we do  not  believe  he
has suffered from an injustice.  Therefore, based on the  available
evidence of record, we  find  no  basis  upon  which  to  favorably
consider 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-2003-02023 in Executive Session on 21 January  2004,  under  the
provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Mr. James A. Wolffe, Member
      Ms. Rita J. Maldonado, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Medical Consultant, dated 24 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.



                                   BRENDA L. ROMINE
                                   Panel Chair