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AF | BCMR | CY2004 | bc-2004-01736
Original file (bc-2004-01736.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01736
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

It has been over 30 years since his discharge from the Air Force.   He
was young and naive at the time and  accepted  the  discharge  without
question, unaware of what it really meant.  Since  his  discharge,  he
has completed college and medical school.

In support of his request, the applicant submits a personal statement.
 The applicant’s complete submission, with attachment, is  at  Exhibit
A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular  Air  Force  on  23
April 1970 for a  period  of  four  years.   He  received  two  Airman
Performance Report (APR) ratings in the grade of airman first class (E-
3), in which the overall evaluations were “9.”  He  was  progressively
promoted to the grade of sergeant (E-4), with an  effective  date  and
date of rank of 1 April 1972.

On 16 August 1972, the applicant received notification  he  was  being
recommended for discharge due to a  character  and  behavior  disorder
diagnosed as passive-aggressive  personality.   The  reason  for  this
action was the result of a 10 August 1972 psychiatric evaluation.   On
16  August  1972,  the   applicant   acknowledged   receipt   of   the
notification.  Military legal  counsel  indicated  the  applicant  was
interviewed and counseled concerning his rights.  The applicant waived
his right to a hearing before an administrative  discharge  board  and
declined to submit any written statements in  his  behalf.   The  base
legal office reviewed the case and  found  it  legally  sufficient  to
support separation.   On  28  August  1972,  the  discharge  authority
approved the recommended separation and directed that the applicant be
issued a general discharge.

The applicant received a general discharge on 31 August 1972 under the
provisions of AFM 39-12, Section  A  -  Discharge  for  Unsuitability,
Paragraph 2-4b (Character and Behavior Disorders).  He had completed a
total of two years, four months and nine days and was serving  in  the
grade of sergeant (E-4) at the time of discharge.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 20 July 2004, that, on the basis of  data
furnished, they are unable to locate an arrest record.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the  application  be  denied.   DPPRS  states
that, based on the documentation in the applicant’s  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.   The  applicant
did not submit any evidence or identify any errors or injustices  that
occurred in the discharge processing.  He provided no facts warranting
a change to his character of service.  The HQ AFPC/DPPRS evaluation is
at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and is somewhat shocked to
read all the items listed as  to  the  reason  he  was  released.   He
certainly would not have accepted the discharge had he known what  the
reasons for his discharge were at the time.  He  had  assumed  it  was
because he was angry for an order change and had words with the  chief
master sergeant.  The applicant’s complete submission is at Exhibit E.

Pursuant to the Board’s 14 July 2004 letter to the applicant regarding
furnishing information on his activities  since  leaving  the  service
(Exhibit F), he has provided a summary of his activities subsequent to
his discharge.  In support of the  applicant’s  request,  a  character
reference letter was submitted from the senior pastor of  his  church.
The applicant’s submission  and  character  reference  letter  are  at
Exhibit G.
_________________________________________________________________

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.  We have thoroughly  reviewed  the  circumstances  surrounding  the
applicant’s discharge and find no evidence  to  show  the  applicant’s
discharge was erroneous or  unjust.   Nevertheless,  in  view  of  the
applicant’s successful transition to civilian life,  as  evidenced  by
the post-service documentation he has provided, we are of the  opinion
that upgrading  the  applicant’s  discharge  to  honorable,  based  on
clemency, would be appropriate.  Accordingly, we  recommend  that  the
applicant’s general discharge be upgraded to honorable.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that, on 31 August 1972, he
was  honorably  discharged  and  furnished  an   Honorable   Discharge
certificate.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 30 September 2004, under the provisions of AFI 36-
2603:

                  Mr. Edward H. Parker, Panel Chair
                  Ms. Deborah A. Erickson, Member
              Ms. Janet I. Hassan, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2004-01736.

   Exhibit A.  DD Form 149, dated 24 May 04, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 21 Jun 04.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
   Exhibit E.  Letter from Applicant, dated 29 Jun 04.
   Exhibit F.  Letter, AFBCMR, dated 14 Jul 04, w/atch.
   Exhibit G.  Letter from Applicant, undated, and a character
               reference letter, dated 11 Aug 04.




                                   EDWARD H. PARKER
                                   Panel Chair



AFBCMR BC-2004-01736




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that, on 31 August
1972, he was honorably discharged and furnished an Honorable Discharge
certificate.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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