RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03269
            INDEX NUMBER:  110.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  20 Apr 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His behavior problems were caused by mental illness.

In support of his appeal, applicant has provided various records which
show his illness “goes way back.”

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 26 Jul 68.  On  3  Oct  69,
his squadron commander  notified  him  he  was  initiating  action  to
discharge him from the Air Force.  The  reasons  for  the  commander’s
actions were:

        a.  Character and behavior disorders as determined by  medical
authority.

        b.  Apathy, defective attitude, and inability to expend effort
constructively, as indicated by a number of unfavorable incidents.

The  commander  recommended  the  applicant  be  furnished  a  General
Discharge Certificate.  The  applicant  acknowledged  receipt  of  the
notification of discharge on 3 Oct 69.  On 7 Oct 69,  the  applicant’s
squadron commander recommended to the  discharge  authority  that  the
applicant be discharged for the reasons stated above.  On 13  Oct  69,
an evaluation officer  was  appointed  in  the  discharge  case.   The
evaluation officer found that the applicant had failed to  demonstrate
the necessary self-discipline and maturity to continue as a member  of
the Air Force and recommended the applicant be discharged and issued a
General Discharge  Certificate.   On  16  Oct  69,  applicant’s  legal
counsel requested that the discharge authority withhold  final  action
in the applicant’s case until he  could  prepare  a  rebuttal  to  the
recommendation  for  discharge.   The  discharge   authority   agreed.
Applicant’s counsel submitted a rebuttal essentially stating that  the
applicant had failed to meet the “high standards” of the Air Force and
should be discharged, but  that  Air  Force  induction,  medical,  and
squadron  supervisory  personnel  had  failed  the  applicant  by  not
identifying at an early stage his mental  condition.   Counsel  opined
that if they had done so, the applicant would have, “most  assuredly,”
been  furnished  an  honorable  discharge.   Counsel  noted  that  the
applicant entered the Air Force under  honorable  conditions  when  he
should not have been allowed in and remained in the Air Force when  he
should not  have  been  allowed  to  do  so.   Counsel  concluded  the
applicant should be issued an Honorable Discharge Certificate.

On 27 Oct 69, the Base Staff Judge Advocate found the  discharge  case
against  the  applicant  legally  sufficient  and  recommended  he  be
discharged  and  furnished  a  General  (under  honorable  conditions)
discharge.  They noted that the applicant failed to meet the  criteria
for an honorable discharge and that he had not been rehabilitated  and
his behavior had not been proper subsequent to initial  initiation  of
discharge action.  On 30 Oct 69, the discharge authority approved  the
applicant’s discharge.  On 7 Nov 69, the applicant was discharged with
a General (under honorable conditions) Discharge Certificate.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial  of  the  applicant’s
request.  He notes the  requirements  for  issuance  of  an  honorable
discharge certificate under the provisions of Air Force Manual  39-12,
which the applicant was  discharged  under.   He  concludes  that  the
evidence of  military  record  supports  the  issuance  of  a  general
characterization of service in the applicant’s case.

The applicant submits evidence he was diagnosed with Bipolar  Disorder
in 1997, approximately 28 years following his discharge from  the  Air
Force.  The  applicant  was  also  diagnosed  with  Attention  Deficit
Disorder  that  existed  since  childhood,  supported  by  pre-service
psychological and school documentation he submitted.  Although he  has
had  problems  with  attention,  concentration,  and  impulse  control
documented since  early  childhood,  there  is  no  evidence  that  he
manifested Bipolar Disorder prior to or while in  service.   The  BCMR
Medical Consultant further notes that at the  time  of  a  psychiatric
evaluation in 1969, the  psychiatrist  found  no  evidence  of  active
mental illness in the applicant.  He indicates  that  the  applicant’s
record is consistent with personality disorder and  attention  deficit
disorder with the subsequent development  of  bipolar  disorder  years
later.  The fact that the applicant was later diagnosed  with  Bipolar
Disorder does not invalidate the prior diagnosis of character disorder
(Personality Disorder) while in the service.

The complete 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 2
Sep 05 for review and comment within 30 days.  To date, a response has
not been received.

_________________________________________________________________

FBI REPORT:

Pursuant to the Board’s request, an FBI report of  arrest  record  was
provided.  The report did reflect an arrest record since the applicant
was discharged from the Air Force.

The complete report is at Exhibit E.

_________________________________________________________________

APPLICANT’S RESPONSE TO THE FBI REPORT:

A copy of the FBI report was forwarded to the applicant on 26  Sep  05
for review and comment within 30 days.  To date, a  response  has  not
been received.

_________________________________________________________________

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.   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  BCMR
Medical Consultant and adopt  his  rationale  as  the  basis  for  our
conclusion that the applicant has not 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.

_________________________________________________________________

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 Docket  Number  BC-2004-
03269 in Executive Session on 2 November 2005, under the provisions of
AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Mr. Joseph D. Yount, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 29 Aug 05.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Sep 05.
    Exhibit E.  FBI Report, dated 18 Sep 05.
    Exhibit F.  Letter, AFBCMR, dated 26 Sep 05.




                                   JOHN B. HENNESSEY
                                   Panel Chair