RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02709
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His honorable discharge for unsuitability, inadequate personality with
paranoid features, be changed to a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was honorably discharged in accordance with Air Force Manual  (AFM)
39-12,   Separation   for   Unsuitability,   Unfitness,    Misconduct,
Resignation, or Request for Discharge for the Good of the Service  and
Procedures for the Rehabilitation Program, when he  should  have  been
medically discharged in accordance with AFM 35-4, Physical  Evaluation
for Retention, Retirement and Separation.

In support of  his  appeal,  the  applicant  has  provided  copies  of
pertinent excerpts from his Service Medical Record (SMR), a  discharge
certificate, a DD Form 214, Certificate of Release or  Discharge  from
Active Duty, a discharge certificate, and a  partial  transcript  from
his Discharge Review Board (DRB).

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 19 August 1968.  On  18
January 1971, he reported for duty  to  McConnell  AFB,  Kansas.   His
commander spoke  with  base  mental  health  personnel  and  made  the
applicant an appointment to  be  evaluated.   On  30 April  1971,  the
applicant underwent a psychological evaluation and was  determined  to
have an inadequate personality with paranoid features.  On 3 May  1971
his commander issued him an oral Article 15 for disrespect to  a  non-
commissioned officer (NCO).  His commander eventually tried two  times
to deliver the Article 15, which included 14 days additional duty  and
14 days restriction to base, but the applicant refused to  accept  it.
The applicant accepted the Article  15  on  the  third  attempt.   His
commander initiated discharge action under the provisions of AFM 39-12
(character and behavior disorder), and recommended  a  General,  Under
Honorable Conditions (UHC)  discharge.   On  advice  of  counsel,  the
applicant exercised his right to a board hearing to determine  whether
or not his  commander  was  within  his  authority  to  discharge  the
applicant prior to the expiration of his first tour of  service.   The
board met on 20 and 21 May 1971.  The Board found that  the  applicant
did have a character and  behavior  disorder,  was  not  eligible  for
probation  and  rehabilitation  (P&R),  and  was   to   be   honorably
discharged.  The case was deemed legally sufficient on 16 Jun 1971 and
the applicant was honorably discharged effective 30  June  1971  after
having served 2 years, 10 months, and 11 days.

_________________________________________________________________

AIR FORCE EVALUATION:

SAF/MRBR notified the applicant of the need for  his  Service  Medical
Record (SMR) in order to insure his application received as complete a
review as possible prior to  being  presented  to  the  AFBCMR.   MRBR
queried the applicant on 3 September, 4 October, and 5  November  2004
for any information concerning the disposition of his SMR.  MRBR  also
queried the Department of Veteran’s  Affairs  (DVA)  and  the  Records
Management Center in St Louis, Missouri; all, to no avail.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
10 December 2004 for review and comment within 30 days.   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 an error or injustice. After a thorough review of the
documentation provided in support of his appeal and  the  evidence  of
record, it is our opinion that given the circumstances surrounding his
discharge from the Air Force, the discharge assigned to the  applicant
was proper and in compliance  with  the  appropriate  directives.   In
regard to his request for  a  medical  discharge,  the  applicant  has
provided no evidence that would lead us to  believe  that  a  physical
condition existed at the  time  of  his  discharge  that  warranted  a
finding of unfitness  in  accordance  with  the  governing  Air  Force
instructions, which implement the law. Therefore, in  the  absence  of
persuasive evidence to the contrary, we find no  compelling  basis  to
grant the requested relief.

4.  Notwithstanding  the  aforementioned,  in  order  to  change  what
appears to be an overly harsh narrative reason  for  separation,  when
associated with  an  honorable  discharge,  we  feel  the  applicant’s
narrative reason for separation should be changed from  unsuitability,
inadequate personality with paranoid features to secretarial authority
and his records be corrected to the extent indicated below.

5.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 30  June  1971,  he
was honorably discharged under the provisions of AFR 39-10,  paragraph
1.2 (Secretarial Authority).

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 March 2005, under the  provisions  of  AFI  36-
2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. Christopher D. Carey, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 Aug 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, SAF/MIBR, dated 10 December 2004.




                                   RICHARD A. PETERSON
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]
Office Of The Assistant Secretary



AFBCMR BC-2004-02709




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 30 June
1971, he was honorably discharged under the provisions of AFR 39-10,
paragraph 1.2 (Secretarial Authority).







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency