RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01808,
                          Case 2
                       INDEX CODE:  110.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  11 DEC 2005

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The psychological problems  which  he  incurred  and  suffered  from
during his service period where not given the proper  attention  and
care.  He further believes these psychological and  mental  problems
directly  contributed  to  his  discharge  and   present   character
problems.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 May 1975, the applicant enlisted  in  the  Regular  Air  Force
(RegAF) as an airman basic (AB) for a period  of  four  years.   The
applicant transferred to the Air Force Reserves (AFRes)  on  29  May
1979.  He served in the AFRes from 30 May 1979 through  12  November
1980.  He reenlisted in the RegAF on 13 November 1980 for  a  period
of four years and on 19 August 1983, he reenlisted for a  period  of
six years.

On 14 February 1986, the applicant was notified of  his  commander’s
intent to recommend he be discharged from the Air Force for  conduct
prejudicial to good conduct and discipline in accordance with AFR 39-
10, under the provisions of paragraph 5-47b with an under other than
honorable conditions (UOTHC) discharge.  The  commander  stated  the
following reasons for the proposed discharge:

      a.  On 16 May 1984, the  applicant  assaulted  a  senior  Non-
Commissioned Officer (NCO) and failed to obey a lawful  order.   For
this misconduct, he received an Article 15.

      b.   On  17  March  1985,  the  applicant  was  counseled  for
assaulting three Panamanian females.

      c.  On 27 October 1985, the applicant unlawfully struck L.  T.
in the face at Howard Air  Force  Base.   For  this  misconduct,  he
received an Article 15.

The commander advised  applicant  of  his  right  to  consult  legal
counsel; present his case to an administrative discharge  board;  be
represented by legal counsel at a board hearing;  submit  statements
in his own behalf in addition to, or in lieu of, the board  hearing;
or waive the above rights after consulting with counsel.

The commander indicated in his  recommendation  for  discharge  that
attempts were made to rehabilitate the applicant through a Letter of
Counseling by the First  Sergeant,  2  January  1985;  a  Letter  of
Reprimand, 28  August  1985;  Article  15,  12  November  1985;  and
Vacation of NCO Status, 6 June 1984; however, all attempts  were  to
no avail.   The  commander  further  recommended  the  applicant  be
discharged without probation and rehabilitation.

On 12  February  1986,  after  consulting  with  counsel,  applicant
offered a conditional waiver to an  administrative  discharge  board
contingent on his receiving a general (under  honorable  conditions)
discharge.

A legal review was conducted on 5 March  1986  in  which  the  staff
judge advocate recommended the applicant’s waiver be accepted and he
be separated from the Air Force with a general discharge.

On 7 March 1986, the discharge authority directed the  applicant  be
discharged  with  a  general   discharge   without   probation   and
rehabilitation.

Applicant’s EPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                   30 Nov 76                 8
                   31 Aug 77                 9
                   31 Aug 78                 8
                   12 Nov 80      Prior Svc Enlistee, Not Rated
                             for this period
                   13 Jul 81                 9
                   14 May 82                 9
                    7 Nov 82                 9
                   26 Jul 83                 9
                   26 Jul 84                 9
                   26 Jul 85                 9

Applicant was discharged on 19 March 1986, in the  grade  of  airman
first class with a general (under honorable  conditions)  discharge,
in accordance with  AFR  39-10  (Misconduct  -  Pattern  of  Conduct
Prejudicial to Good Order and Discipline).  He  served  a  total  of
6 years, 9 months and 21 days of active service.

Applicant appealed to the Air Force Discharge Review Board  (DRB)  in
May 1987 to have his general discharge upgraded  to  honorable.   The
AFDRB, on 15 March  1988,  denied  the  applicant’s  request  for  an
upgrade of his discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is  attached
at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, states  at  the  time  of  his
original enlistment medical  examination,  the  applicant  completed
Standard Form (SF) 93, Report of Medical History and checked “No” in
response to questions: “Have you ever had or have you now:  Frequent
trouble sleeping; Depression or excessive worry, Nervous trouble  of
any sort, and Bedwetting since age 13.”  On 26 September  1975,  the
applicant,  while  in  technical  training  school,  presented  with
insomnia.  His clinic medical record states,  “Had  similar  problem
before AF and treated him symptomatically.”  On  15  February  1979,
the applicant completed another SF 93 during his separation  medical
examination which listed “History of nervous trouble since 73,  self
diagnosed, no treatment sought, symptomatic;”  History  of  frequent
trouble sleeping  since  childhood,  treated,  recommended  exercise
before bedtime, no results, presently symptomatic;” and  History  of
bedwetting from 68-70, treated with good results.”

The applicant had a break in  military  service  from  30  May  1979
through 12 November 1980.  During this time he was  evaluated  in  a
Veterans  Affairs  clinic  during  February  and  March  1980  by  a
psychiatrist  for  nervousness  and  was  diagnosed  with   “anxiety
neurosis.”  He was treated symptomatically with apparent  resolution
of symptoms.  At the time the applicant reenlisted in the RegAF,  he
underwent a medical examination and checked “No” on the SF 93 to the
questions: “Have you ever had or have  you  now:   frequent  trouble
sleeping, depression or excessive  worry,  nervous  trouble  of  any
sort, and bedwetting since age 12.”

The applicant was evaluated for substance abuse at the mental health
clinic because he was apprehended on 11 September 1981 for  throwing
a bag of marijuana from his car at the base  gate.   The  evaluation
classified  him  as  a  “marijuana  drug  experimenter.”   With  the
recommendation of his commander, the applicant was  entered  into  a
substance abuse seminar and retained.  The
applicant in March 1982 presented for  care  in  the  mental  health
clinic with nervousness and depressive symptoms  due  to  “too  much
stress on flight line (his crew chief).”  His medical  records  also
reflect the applicant was evaluated for alcohol abuse in March 1983,
with no other details listed.

On 23 June 1984, the applicant reported  to  the  clinic  with  “bad
nerves” and depressed mood “worsening during past  few  weeks.”   He
was hospitalized and transferred to the inpatient psychiatric  unit.
He was evaluated and treated by the hospital and was released on  14
July 1984 and  returned  to  duty.   His  discharge  diagnoses  were
Adjustment  Disorder  with  mixed  emotional  features   and   mixed
personality  disorder  with  traits   of   passive   aggressiveness,
inadequacy and obsessive-compulsive.

On 21 February 1985, the applicant reported  to  the  mental  health
clinic with depressed mood with anxiety and was started  on  a  very
low dose of an antidepressant medication.   He  was  diagnosed  with
“situational stress” and by March was reported as doing well.

The applicant, on 10  December  1985,  passed  out  after  consuming
alcohol and presented to the mental health clinic later that day for
evaluation.   He  was  recommended  for   entry   into   the   local
rehabilitation program.  There are no  entries  in  the  applicant’s
medical or mental health records indicating the presence of symptoms
of depression or anxiety at the time.

The applicant’s separation medical  examination  dated  10  February
1988 records “Frequent trouble sleeping, depression and  nervousness
refers to hospitalization in June 1984 for  3  days  for  depressive
episode, secondary to job pressures.  Treated with rest.   No  other
treatment rendered, no recurrence since.  NCNS (No complications, no
sequelae).”

The applicant underwent a psychiatric evaluation on 21 April 1987 by
the  Veterans  Affairs  which  concluded  a  diagnosis   of   “Mixed
Personality Disorder with alcoholism.”  His records further indicate
he was hospitalized from 3-10 April 1987 for alcohol detoxification.
 In the following years, the  applicant  experienced  problems  with
poly-substance  abuse,  personality  disorder,  depression,  and   a
psychotic episode (drug induced versus schizophrenia) in 1988.

The Medical Consultant further states the  applicant  is  requesting
his discharge be upgraded to honorable because  his  mental  disease
caused his misconduct.  The evidence in the record shows a diagnosis
of a personality disorder, however, the record also shows  that  the
applicant’s duty performance was excellent.  A pattern of  recurrent
off-duty physical altercations prompted the discharge  action.   His
military records also  indicate  misuse  of  alcohol,  but  show  no
evidence of discipline or arrests  for  alcohol  related  incidents,
driving under the influence or drunk on duty,
or other evidence that alcohol use impaired  his  duty  performance.
Furthermore, there is no evidence that  mental  illness  caused  his
misconduct, or impaired his ability to know  right  from  wrong  and
adhere to the law and Air Force standards.  A review of the  medical
records show the applicant presented for  care  of  nervousness  and
depressed mood following administrative  punishments  with  recovery
and return to duty.  There is  no  indication  in  the  record  that
medical and mental health personnel failed to properly evaluate  and
treat the applicant.

Air Force Regulation (AFR) 39-10, dated 1 October 1984, paragraph 5-
11, states airmen may be discharged  based  on  the  presence  of  a
personality disorder  or  adjustment  disorder  when  the  condition
interferes with assignment or duty performance.  It  further  states
that these conditions alone do not amount to  disability  warranting
separation under AFR  35-4.   The  paragraph  further  states,  “The
existence of a condition that is a basis for  discharge  under  this
provision does not bar separation for any other reason authorized in
this regulation.  Discharge under this provision is not  appropriate
if the airman’s record would support discharge for  another  reason,
such as, misconduct or unsatisfactory performance.”

A review of the applicant’s medical records reveals no evidence of a
medical condition that warranted a referral for  evaluation  in  the
Disability Evaluation  System  leading  to  a  disability  (medical)
discharge.  Personality disorders are  not  a  disease,  but  are  a
constitutional  and  enduring  pattern  of  maladjustment   in   the
individual’s  personality  structure   which   are   not   medically
disqualifying or unfitting but may render the individual  unsuitable
for further military service and may  be  cause  for  administrative
action by the individual’s unit commander.  The evidence of  records
shows the applicant’s personality structure did not  interfere  with
the continued performance  of  his  military  duties.   The  Medical
Consultant recommends the requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on
18 February 2005, for review and response.   As  of  this  date,  no
response has been received by this office.

On 25 March 2005, the Board staff forwarded a copy of the FBI report
to the applicant for review and response.   As  of  this  date,  the
applicant has not responded (Exhibit H).

_________________________________________________________________

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 opinion and recommendation  of  the
Medical Consultant and adopt his rationale  as  the  basis  for  our
decision that the applicant has failed to sustain his burden to show
that he has suffered either an error or an injustice.   Essentially,
the applicant contends that  he  was  suffering  from  psychological
problems  which  contributed  to  his  misconduct   and   subsequent
discharge and he was not given proper medical attention  during  the
contested time period.  We note that during the  applicant’s  second
period of active duty service he was diagnosed  with  a  personality
disorder; however, we note the evidence of record does  not  reflect
the applicant was suffering  from  a  medical  condition  warranting
referral for evaluation through the  medical  disability  evaluation
system (MDES).  Nor does the evidence show that  he  had  a  medical
condition that prevented him from distinguishing between  right  and
wrong or that he could not control his behavior  or  understand  the
consequences of his  actions.   On  the  contrary,  the  applicant’s
records reveal his duty performance was excellent.  However, he  was
discharged due to  his  misconduct  off-duty,  not  his  personality
disorder.  The applicant presents  insufficient  evidence  that  his
personality  disorder  impaired  his  ability  to  function  in  the
military.  Therefore, based on the documentation in the  applicant's
records, it appears that the processing and characterization of  the
discharge were appropriate and accomplished in accordance  with  Air
Force policy.  The applicant has not established to our satisfaction
that he has been the victim of an error or injustice.  Therefore, in
the absence of evidence to the contrary, we find no compelling basis
to recommend granting the relief sought in this application.

4.     Although  the  applicant   did   not   specifically   request
consideration based on clemency, we also find insufficient  evidence
to warrant a recommendation the discharge be upgraded on that basis.
 Based on the  FBI  report  provided,  it  appears  the  applicant’s
misconduct continued  following  his  discharge.   In  view  of  the
evidence of record, we cannot conclude that clemency is warranted.

_________________________________________________________________

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-2004-01808  in  Executive  Session  on  17  May  2005  under  the
provisions of AFI 36-2603:

                       Mr. Laurence M. Groner, Panel Chair
                       Mr. Clarence D. Long III, Member
                       Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Jun 04.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFBCMR Medical Consultant, dated 11 Feb 05.
   Exhibit E.  Letter, SAF/MRBR, dated 18 Feb 05.
   Exhibit F.  Letter, Applicant, dated 18 Nov 04.
   Exhibit G.  Letter, AFBCMR, dated 23 Mar 05.
   Exhibit H.  Letter, AFBCMR, dated 25 Mar 05, w/atch.




                                        LAURENCE M. GRONER
                                        Panel Chair