ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-1996-00713
            INDEX NUMBER: 108.00, 110.02,
                             111.02 & 126.04

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 Jan 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    His discharge for Expiration of Term of Service (ETS) be set aside.

2.     He  be  medically  discharged  with  a  100%  rating  and  issued  an
appropriate Reenlistment Eligibility (RE) code.

3.    His DD Form 214, Certificate  of  Release  or  Discharge  from  Active
Duty, be amended to reflect his highest grade held as technical sergeant (E-
6).

4.    The Article 15 issued on 9 February 1987 for being  drunk  on  station
be set aside.

5.    The Airman Performance  Reports  (APRs),  closing  16  July  1985,  28
February 1986, and 4 February 1987, be removed from his records.

_________________________________________________________________

RESUME OF CASE:

On 6 May 1997, the Board considered applicant’s  requests  that  three  APRs
and three Article 15 actions be removed from his records;  his  RE  code  be
changed; his medical records receive additional consideration  regarding  an
alcohol-related  incident  and  his  admission  to  the  USAF  Hospital   at
Lakenheath  AB;  he  be  retired  effective  12 April  1989;   or   in   the
alternative, he be reinstated to active duty to complete the  additional  12
months  to  be  eligible  for  retirement.   The  Board  found  insufficient
evidence of an error or  injustice  and  denied  the  application.   For  an
accounting of the facts and circumstances surrounding the  application,  and
the rationale of the earlier decision  by  the  Board,  see  the  Record  of
Proceedings at Exhibit H.


In  an  application,  dated   30   June   2004,   the   applicant   requests
reconsideration of his requests to remove the 9  February  1987  Article  15
and  APRs  from  1985  to  1988  (sic)  from  his  records  and  amends  his
application to include correction  of  his  records  to  show  that  he  was
medically discharged with a 100% disability rating, rather  than  discharged
upon his Expiration  of  Term  of  Service  (ETS);  and  his  DD  form  214,
Certificate of Release or Discharge from Active Duty, be changed to  reflect
that his highest grade held while on active duty  was  E-6.   The  applicant
contends that at the time of his  discharge,  his  medical  records  clearly
reflected that he had chronic illnesses that rendered him  unfit.   The  Air
Force was obligated to either medically discharge him or grant  him  a  full
and  fair  hearing  prior  to  his  separation.   Had  he   been   medically
discharged, he would never have been issued RE codes 2H  and  4D.   Further,
he would not have had to suffer the stigma on his record and been  prevented
from obtaining gainful employment.

Applicant’s complete submission, with attachments, is at Exhibit I.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  20
March 1969.  He  was  progressively  promoted  to  the  grade  of  technical
sergeant.   On  8  February  1987,  the  applicant  was  notified   of   the
commander’s intent to impose nonjudicial punishment under Article 15 of  the
Uniform Code of Military Justice (UCMJ) for violating Articles  92  (failure
to obey order or  regulation)  and  134  (drunkenness).   Specifically,  for
failing to obey an order to return an Unfavorable Information File (UIF)  to
Major E---, violating a general regulation to keep  his  hair  well  groomed
and neat,  and  for  being  drunk.   After  consulting  legal  counsel,  the
applicant waived his right to a trial  by  court-martial  and  accepted  the
nonjudicial punishment proceedings.   After  considerating  the  applicant’s
oral and written submissions, on 9 February 1987, the  commander  determined
that he did  commit  one  or  more  of  the  alleged  offenses  and  imposed
punishment consisting of reduction  to  the  grade  of  staff  sergeant  and
forfeiture of $632.00 pay  for  two  months.   The  applicant  appealed  the
punishment; however, his appeal was denied.  He was honorably discharged  on
20 January 1988, under the provisions  of  AFR  39-10  (Expiration  Term  of
Service).  He completed 18 years and 10 months of active service.








Applicant’s performance profile since 1980 follows:

      PERIOD ENDING    EVALUATION OF POTENTIAL

        25 Mar 80      9-9-9
        15 Dec 80      9-9-9
        15 Dec 81      9-9-9
        16 May 82      8-8-8
        11 Mar 83       7-7
        14 Nov 83      8-8-8
      * 16 Jul 85       6-6
      * 28 Feb 86       6-5
      *  4 Feb 87       4-4

*Contested reports

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  the  application  be  denied  and
states, in part, that for an individual to be considered unfit for  military
service, there must be a medical condition that prevents performance of  any
work commensurate with rank  and  experience,  or  precludes  assignment  to
military duties.  In the applicant’s case, at the time of his discharge,  he
did not have a medical condition  that  rendered  him  unfit  for  continued
military service.  The action and disposition in his case  were  proper  and
equitable reflecting compliance with Air  Force  directives  that  implement
the law.

The BCMR Medical Consultant’s evaluation is at Exhibit K.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Had it not been for the unlawful acts by his commander and the base  medical
personnel, a medical board would have reviewed his medical conditions  prior
to his separation.  Based on the APRs and Article 15s, his  performance  was
not satisfactory and he should not have been  presumed  fit  for  duty,  but
rather, referred for physical examination.  In addition, he was  denied  due
process  during  the  processing  of  his  discharge,  i.e.,  right  to   an
administrative  discharge   board,   probation   and   rehabilitation,   and
notification of the intent to initiate involuntary discharge action  against
him.  He was never notified by his immediate  commander  or  base  commander
about their intent to offer him an Article 15, nor was he given  a  copy  of
the Article 15.  Although the contested APRs  were  referral  reports,  they
were never referred to him and are in association  with  the  discriminatory
treatment he received while assigned to Upper Heyford.

Applicant cites three AFBCMR cases, i.e., 94-0021A, 98-01606, and  98-03481,
which the Board favorably considered and requests the same consideration  be
given to his requests.

Applicant’s complete response, with attachments, is at Exhibit M.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  After thoroughly reviewing the evidence of record  and  the  applicant’s
complete submission, we are not persuaded that he has  been  the  victim  of
error or injustice.  The BCMR Medical  Consultant  has  thoroughly  reviewed
the applicant’s service medical records and finds no evidence the  applicant
was unfit for continued military service at the time  of  his  discharge  to
warrant his processing through the Disability Evaluation System.   We  agree
with his assessment of the  case.   While  the  applicant  contends  he  was
denied  due  process  during  the  processing  of  his  discharge,  he   was
discharged upon his ETS.  Therefore,  administrative  discharge  action  was
never initiated against him.  He also contends he was never notified by  his
immediate commander or base commander about their intent  to  offer  him  an
Article 15, and was never given a copy of  the  Article  15.   However,  his
records  contain  an  AF  Form  3070,  Record  of   Nonjudicial   Punishment
Proceedings, which he signed  on  9  February  1987  indicating  that  after
consulting with counsel he waived his right to a trial by court-martial  and
accepted nonjudicial punishment proceedings.  Additionally, contrary to  the
applicant’s assertions, the three contested APRs were not referral  reports;
therefore, there was no requirement for the reports to be referred  to  him.
He has provided no evidence substantiating his claims that the  reports  are
in error or unjust.  Therefore, in the absence of evidence to the  contrary,
we find no compelling basis to recommend granting the relief sought in  this
application.

2.  The three AFBCMR cases which the applicant believes are very similar  to
his claims and requests are duly noted.  However, each  case  is  considered
on its own merits and the evidence of record.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the additional  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  Docket  Number  BC-1996-00713
in Executive Session on 20 April 2005, under the provisions of AFI 36-2603:

                       Ms. B. J. White-Olson, Panel Chair
                       Ms. Ann-Cecile M. McDermott, Member
                       Ms. Jan Mulligan, Member

The following documentary evidence was considered:

    Exhibit H.  Record of Proceedings, dated 14 Jul 97, w/atchs.
    Exhibit I.  DD Form 149, dated 30 Jun 04, w/atchs.
    Exhibit J.  Letter, AFBCMR, dated 6 Oct 04.
    Exhibit K.  Letter, BCMR Medical Consultant, dated 18 Jan 05.
    Exhibit L.  Letter, AFBCMR, dated 2 Feb 05.
    Exhibit M.  Applicant’s Response, undated, w/atchs.




                                   B. J. WHITE-OLSON
                                   Panel Chair