RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03907
INDEX CODE: 110.00; 110.02
COUNSEL: None
HEARING DESIRED: No
________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was due to inadequate medical and physiological treatment for
a chemical dependency that began while on active duty. The only treatment
he received was by a base psychologist for a ten-minute question and answer
session. Had he received proper medical and psychological treatment, he
would still be an active member of the U.S. military today. He has been
clean and sober for many years and has even given up smoking, which he had
started during basic training in 1979.
He has been an exemplary employee of the U.S. Postal Service for the past
11 years and he even put his life on the line for his country by continuing
to work in a mail processing plant during the anthrax scare of 2001. This
should be ample proof that his “attitude” is anything but “defective” as
had been entered on his DD Form 214. The individuals responsible for his
training and well being are to blame because they failed to provide medical
and/or psychological attention to a member of their flight.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 10 September 1979, the applicant enlisted in the Regular Air Force in
the grade of airman basic (E-1) at the age of 18 for a period of 4 years.
After his successful completion of basic military and technical training,
he was assigned to duties as an apprentice construction equipment operator.
Prior to the events under review, he was progressively promoted to the
grade of airman first class (E-3), effective and with a date of rank of 10
September 1980. He received two Airman Performance Reports (APRs), closing
13 December 1980 and 15 April 1981, in which the overall evaluations were
“7” and “9,” respectively.
On 4 March 1980, the applicant received a Letter of Reprimand for failing
to report to his duty section at the prescribed time.
On 17 April 1980, he received a letter of Reprimand for possessing a clip
used to hold marijuana cigarettes and possession of marijuana.
On 29 August 1980, he received a letter of counseling for reporting late to
duty.
On 29 September 1980, he received a letter of counseling for failed room
inspection.
On 2 October 1980, he received an Article 15 for failure to go at the time
prescribed to his appointed place of duty on 18 and 19 September 1980. He
was ordered to forfeit $50.00 per month for two months and received a
suspended reduction in grade to airman. On 12 February 1981, his
previously suspended reduction to the grade of airman was vacated for
failure to go at the time prescribed to his appointed place of duty on 2
October 1980. On 9 March 1981, he received a letter of counseling for
failed room inspection.
In an entry in the applicant’s chronological record of medical care, dated
9 March 1981, the examiner indicated that the applicant’s commander had
referred the applicant for assessment because of episodes of late for work.
The examining physician stated that there was “no evidence of thought
disorder or depression.” He added that the applicant used poor judgment at
times, and wanted out of the Air Force. His diagnostic impression was a
passive aggressive personality with no evidence of mental illness. The
applicant was returned to duty. The examining physician concluded that the
“patient knows right from wrong, and is able to adhere to right.”
On 11 March 1981, the received an Article 15 for failure to go at the time
prescribed to his appointed place of duty on 26 February 1981. He was
ordered to forfeit $100.00, and was reduced to the grade of airman basic.
On 31 March 1981, he received a letter of counseling for reporting late to
duty.
On 16 April 1981, the applicant’s commander notified the applicant that he
was recommending he be discharged from the Air Force under the provisions
of AFM 39-12, Chapter 2, Section A for unsuitability. The applicant was
advised of his rights. The applicant acknowledged receipt of notification
and waived his rights to consult counsel and submit statements in his own
behalf. The discharge case file was reviewed by the Group Staff Judge
Advocate, and was found legally sufficient. The discharge authority
approved the recommended separation on 23 April 1981 and directed that the
applicant be separated with a general discharge without the offer of
probation and rehabilitation.
On 24 April 1981, the applicant was discharged under honorable conditions
under the provisions of AFM 39-12 (Unsuitable -- Apathy, Defective Attitude
-- Board Waiver). He had served 1 year, 7 months and 15 days on active
duty.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial of the applicant’s request. DPPPR stated
that based on the documentation on file in the master personnel records,
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. The discharge was within the
discretion of the discharge authority. They also note that the applicant
did not submit any new evidence or identify any errors or injustices that
occurred in the discharge processing. He provided no facts warranting an
upgrade of his discharge, and the request is untimely. A complete copy of
this 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
December 2003 for review and response. 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. Evidence has not been provided that would
lead us to believe the applicant’s discharge was erroneous or unjust.
Other than his own assertions that he was mistreated while in the service
and that he has had a successful post-service adjustment, the applicant has
provided no evidence supporting these claims or showing that the evidence
in his discharge case file is erroneous, that his substantial rights were
violated, or that his commanders abused their discretionary authority. In
the absence of such evidence, we have no basis on which to favorably
consider his 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 this application BC-2003-
03907 in Executive Session on 11 March 2004, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Renee M. Collier, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Nov 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, H AFPC/DPPRS, dated 16 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
MICHAEL K. GALLOGLY
Panel Chair
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