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AF | BCMR | CY2004 | BC-2003-03587
Original file (BC-2003-03587.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  03-03587
                                        INDEX CODE:  110.02
                                        COUNSEL:  NONE
                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general under honorable conditions discharge be upgraded to honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

While he was in the Air Force he was  influenced  by  alcohol.   Since  his
discharge he has turned his  life  around.   Since  1985  he  has  been  an
emergency medical technician and is  proud  to  serve  his  community.   He
assisted the firefighters and construction  workers  that  came  back  from
ground zero.  His daughter and son-in-law call him a hero.  His service  to
the community is a debt he owes  to  his  country  and  family.   He  works
constantly to help others and is grateful to  have  made  a  difference  in
other peoples’ lives.  He would be extremely honored to  have  his  request
granted.

In support of his request, he submits a personal statement, and a  copy  of
his DD Form 214.  The  applicant’s  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 23 July 1981, the applicant enlisted in the  Regular  Air  Force  in  the
grade of airman basic (E-1) for a period of 4 years.  He  was  progressively
promoted to the grade of airman first class (E-3), with a date  of  rank  of
13 February 1982.  He was reduced to the grade of airman (E-2), with a  date
of rank of 27 July 1982, (vacation of suspension).  He received  two  Airman
Performance Reports closing 10 April 1982 and 23 September  1982,  in  which
the overall evaluations were 6 and 4, respectively.

On 1 April 1982, he received a letter of reprimand  for  failure  to  comply
with the established standards for upkeep of his dormitory room.

On 11 June 1982, he received a letter of counseling for  failure  to  remain
on duty.

On 21 June 1982, he received a letter of counseling for  failure  to  secure
his building upon departing for the weekend.

On 21 June 1982, he received a letter of counseling for failure  to  install
an antenna.

On 25 June 1982, he was charged with failure to obey  a  lawful  order  from
his superior noncommissioned officer to put an antenna in  an  aircraft  and
fix the FM writeup on an aircraft.   For  this  incident,  punishment  under
Article 15, Uniform Code  of  Military  Justice  (UCMJ),  was  imposed.   He
received a suspended reduction to airman and $50 forfeiture of his pay.   On
21 July 1982, the suspended  action  was  vacated  for  failure  to  replace
broken wires in the FM 622A Radio.  As a  result,  he  was  reduced  to  the
grade of airman.

On 2 September 1982, the  Chief,  Mental  Health  Services,  Shaw  AFB,  SC,
performed a psychiatric evaluation on the applicant.  After psychiatric  and
psychological  examinations,  the  examiner   stated   the   applicant   was
indicative of a personality disorder with schizoid, passive  aggressive  and
depressive feature.  The recommendation in regard to  his  elimination  from
service was left to the unit to which he was assigned.

On  24  September  1982,  the  applicant’s  commander  initiated   discharge
proceedings against him under the provisions of AFM 39-12,  paragraph  2-4b,
personality  disorder.   The  applicant  was  notified  of  his  commander’s
recommendation and that a general discharge was being recommended.   He  was
advised of his rights in the matter.  On 18 October 1982, an  evaluation  of
the case file was conducted.  Following his review  of  the  record  and  an
interview with the applicant, the evaluation officer recommended  a  general
discharge and stated that the applicant was unsuitable for further  military
service and not a suitable  candidate  for  rehabilitation.   The  applicant
elected to submit statements in his own behalf.  In a legal  review  of  the
discharge case file, the staff judge advocate found  it  legally  sufficient
and recommended that the applicant be discharged from the Air Force  with  a
general discharge as recommended by the evaluation officer.  On  26  October
1982, the discharge authority directed  that  the  applicant  be  discharged
from the Air Force under  the  provisions  of  AFM  39-12,  Section  A,  for
personality disorder.  The applicant was discharged on 28 October 1982  with
a general  (under  honorable  conditions)  discharge.   He  served  1  year,
8 months and 16 days on active duty.

Pursuant  to  the  Board’s  request,  the  FBI  provided  a  copy   of   an
Investigative Report, No. 601666B, which is at Exhibit E.

_________________________________________________________________




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.  DPPRS
further states that the applicant has not  provided  any  new  evidence  or
identified  any  errors  or  injustices  that  occurred  in  the  discharge
processing.

The DPPRS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 December 2003, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and comment.  On 13 January  2004,  a  letter  was
forwarded to applicant suggesting that  the  applicant  consider  providing
evidence pertaining to his post-service activities.  On 20 January 2004,  a
copy of the FBI report was  forwarded  to  the  applicant  for  review  and
comment.  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.   After  careful  consideration  of  the
applicant’s request  and  the  available  evidence  of  record,  we  see  no
evidence that would warrant an upgrade of his characterization  of  service.
Other than his own assertions, the applicant has provided no  evidence  that
would lead us to believe the actions taken  to  effect  his  discharge  were
improper, or that the information in his discharge case file  is  erroneous.
In addition, in view of the contents of the  FBI  Identification  Record  we
are not persuaded that the characterization  of  the  applicant’s  discharge
warrants an upgrade to honorable on the basis of clemency.  In view  of  the
above  and  in  the  absence  of  evidence  by  the  applicant  showing  the
information provided in the FBI report is incorrect, we  find  no  basis  on
which to favorably consider his request.

_________________________________________________________________

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 12 February 2004 and 1 March 2004, under the provisions  of  AFI
36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. David C. Van Gasbeck, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 1 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
    Exhibit E.  FBI Report, dated 12 Jan 04.
    Exhibit F.  Letters, AFBCMR, dated 13 and 20 Jan 04.
    Exhibit G.  Letter, Applicant, undated, w/atchs.





                                   BRENDA L. ROMINE
                                   Panel Chair



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