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AF | BCMR | CY2005 | BC-2004-03911
Original file (BC-2004-03911.doc) Auto-classification: Denied

                       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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