RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03911
(Case 2)
INDEX CODE: 110.00, 134.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
It appears he would like his military records corrected by removing
all references of psychiatric evaluations.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His military records contain information that has been falsified. His
flight sergeant lied and withheld important information. Due to his
medical condition, he is having problems trying to decide right from
wrong; however, he does remember his flight sergeant giving him some
white pills.
In support of his request, the applicant submits two DD Forms 149 and
a personal statement. The applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on 17
March 1971 for a period of four years. He was progressively promoted
to the grade of airman, with an effective date and date of rank of 28
April 1971. The applicant was recommended for discharge for
unsuitability due to character and behavior disorders as evidenced by
two psychiatric evaluations, dated 21 July 1971 and 28 July 1971.
After consulting with legal counsel, he waived his rights to a hearing
before an administrative discharge board and did not submit statements
in his own behalf. The discharge authority approved the recommended
separation and directed that the applicant be issued an honorable
discharge. On 27 August 1971, the applicant was honorably discharged
under the provisions of AFM 39-12 (unsuitability-character-behavior
disorder). He had completed a total of 5 months and 11 days and was
serving in the grade of airman at the time of discharge.
Applicant's request for upgrade of his RE code was denied by the Air
Force Discharge Review Board (AFDRB) on 8 August 1975.
On 10 November 1975, the applicant was notified that the AFBCMR
considered and denied his request for correction of his reenlistment
eligibility (RE) code, Docket Number SAFCB 75-3887 (refer to Exhibit
C).
On 10 March 2003, the AFBCMR considered and denied the applicant's
request for reinstatement to active duty. A copy of the ROP, Docket
Number 02-02800, is at Exhibit D.
_________________________________________________________________
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. His contentions are duly noted.
However, we note that prior to his separation from the Air Force, his
mental health evaluations showed marked degrees of character and
behavior disorder of a passive aggressive type. The reason the
applicant was recommended for discharge for unsuitability was due to
character and behavior disorders as evidenced by the reports of his
psychiatric evaluation. Based upon the presumption of regularity in
the conduct of governmental affairs and without evidence to the
contrary, we must assume that the applicant's discharge was proper and
in compliance with appropriate directives. Therefore, based on the
available evidence of record, we find no reason to expunge references
of psychiatric evaluations from his military records since they are a
vital part of his discharge record. In view of the foregoing, we find
no basis upon which to favorably consider 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 this application in
Executive Session on 7 April 2005, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Vance E. Lineberger, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2004-03911.
Exhibit A. DD Form 149, dated 14 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAFCB, dated 10 Nov 75.
Exhibit D. ROP, Docket Number 02-02800, w/exhibits.
RICHARD A. PETERSON
Panel Chair
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