RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00406
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:
He had previously served three years and six months honorably. He
served honorably for ten months of his last enlistment and does not
want or deserve that record to be tainted.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Prior to the period of service under review, the applicant served
honorably from 27 Aug 54 until his discharge on 5 Feb 58. He was
promoted to the grade of airman second class with an effective date
and date of rank of 18 Oct 57.
On 6 Feb 58, he reenlisted in the Air Force for a period of six
years in the grade of airman second class. Applicant received a
character and efficiency rating of poor.
On 15 Oct 58, applicant’s unit commander requested a psychiatric
evaluation on the grounds that applicant had been in trouble
frequently since being stationed at the base. On 23 Oct 58, the
psychiatry evaluation rendered a diagnostic impression of passive-
aggressive reaction, chronic, moderate, manifested by
obstructionism and purposeful violation of the military code under
inadequate guises. Predisposition was described as mild. His
impairment was described as moderate. Line of Duty determination
was listed as no and that his condition existed prior to service
(EPTS).
On 10 Nov 58, applicant was convicted by Summary Court-Martial for
failure to repair. His punishment consisted of reduction to the
grade of airman third class and forfeiture of $25.
On 19 Nov 58, applicant received a medical evaluation stating he
had no physical or mental conditions warranting separation under
the provisions of AFM 35-4.
On 8 Dec 58, the commander initiated administrative discharge
action against the applicant for unsuitability, stating the
applicant was a passive-aggressive type who committed offenses
against the military system for no reason at all. He consistently
reported for work late and left his place of duty without proper
authorization and failed to notify anyone that he was leaving. The
specific reason for the discharge was based on the medical
diagnosis and summary court-martial cited 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, his separation would be under
honorable conditions (general).
On 10 Dec 58, the group commander recommended the applicant be
discharged.
On 23 Dec 58, the discharge authority approved a general discharge
and directed that the applicant be issued a DD Form 257AF, “General
Discharge.” On 31 Dec 58, applicant was discharged under the
provisions of AFR 39-16, with service characterized as under
honorable conditions. He was credited with a total of 4 years, 4
months, and 4 days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended his request be denied. They found that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. Additionally, that the
discharge was within the sound discretion of the discharge
authority. They also noted that the applicant did not submit any
new evidence or identify any errors or injustices that occurred in
the discharge processing and that he provided no other facts
warranting an upgrade of the discharge.
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 26 Mar 04 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit E).
On 26 Apr 04, a copy of the FBI report was forwarded to the
applicant for comment. At that time, the applicant was also
invited to provide additional evidence pertaining to his activities
since leaving the service (Exhibit F). 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 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-2004-00406 in Executive Session on 10 June 2004, under the
provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Ms. Deborah A. Erickson, Member
Mr. Christopher D. Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Dec 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 23 Mar 04.
Exhibit E. Letter, SAF/MRBR, dated 26 Mar 04.
Exhibit F. Letter, AFBCMR, dated 26 Apr 04, w/atchs.
BRENDA L. ROMINE
Panel Chair
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