RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01797
INDEX CODE: 106.00
COUNSEL: None
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 10 DEC 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1968 general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served faithfully in time of war. The situation was a personal
misunderstanding. This was during the Vietnam War years and he was a
very dedicated soldier.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 28 Jun 66, and was
assigned to Dover AFB, DE, as an apprentice aircraft maintenance
specialist. He did not serve over in Vietnam.
On 20 Aug 67, the First Sergeant advised the commander that the
applicant’s “lackadaisical performance” and constant need for
counseling warranted observation for 30 days by direct supervision,
followed by consideration for separation as being in the best
interests of the applicant and the Air Force.
On 4 Oct 67, the commander imposed Article 15 punishment on the
applicant for failing to go to his appointed place of duty on 11 Sep
67. The applicant submitted no matters for consideration. He was
reduced from airman third class to airman basic, with forfeiture of
$40.00 pay per month for one month. He did not appeal.
A 22 Jan 68 Incident Report disclosed an investigation was initiated
on 10 Jan 68, based on information that the applicant allegedly owned
and maintained an unregistered firearm in his barracks and was seen
inhaling vapors of model airplane glue to reach a state of
intoxication. The investigation concluded that applicant failed to
register a firearm and did inhale the vapors of model airplane glue
for the purpose of vapor intoxication. On 22 Jan 68, the commander
imposed Article 15 punishment for intentionally inhaling the vapors of
model airplane glue on or about 8 and 10 Jan 68, for the purpose of
intoxication. He was sentenced to correctional custody for 30
consecutive days. He did not appeal.
On 30 Jan 68, a Dr. S-- at the 1607th USAF Hospital at Dover AFB, DE,
performed an psychiatric exam for purposes of discharge and found the
applicant to be an emotionally unstable personality characterized by
poor control of impulses, low tolerance for frustration, and inability
to follow through on realistic goals. He was not found to have any
mental or physical condition warranting separation under the
disability system.
On 15 Feb 68, the applicant was notified of his commander’s intent to
recommend a general discharge due to the existence of a character and
behavior disorder described and verified by Dr. S-- (see above). The
commander also cited the two Articles 15. The applicant acknowledged
receipt.
On 15 Feb 68, the commander recommended the applicant’s general
discharge for the reasons cited above. He advised the applicant had
been repeatedly counseled and all attempts at rehabilitation had
failed. On 19 Feb 68, the Evaluation Officer (EO) interviewed the
respondent. The applicant could not make up his mind whether to
submit his prepared rebuttal and eventually withdrew it and waived his
right to submit same. The EO concurred with the psychiatrist’s
evaluation and the commander’s recommendation.
The discharge authority approved the separation and, on 21 Feb 68, the
applicant was discharged in the grade of airman basic with a general
characterization of service, after 1 year, 7 months and 23 days of
active service.
Pursuant to the Board's request, the Federal Bureau of Investigation
(FBI), Washington, D.C., provided an investigative report which is
attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS contends the discharge was consistent with the
procedural and substantive requirements of the discharge regulation,
and was within the discharge authority’s discretion. The applicant
has not shown he sustained an error or an injustice and his request
should be denied.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 8 Jul 05 for review and comment within 30 days. As of
this date, this office has received no response.
On 12 Aug 05, a complete copy of the FBI report was forwarded to the
applicant for review and comment within 20 days. As of this date,
this office has received no response.
_________________________________________________________________
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. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded his general discharge should be upgraded. His contentions
are duly noted; however, we do not find these uncorroborated
assertions, in and by themselves, sufficiently persuasive to override
the evidence of record or the rationale of the Air Force. The
applicant has not shown his general discharge was unwarranted,
improper, or beyond the discharge authority’s discretion.
Additionally, based on the contents of the FBI Identification Record,
we are not persuaded that the characterization of his discharge
warrants an upgrade to honorable on the basis of clemency. In this
regard, the applicant has not demonstrated that he is a rehabilitated
and law-abiding member of society. Absent persuasive evidence to the
contrary, the applicant has not sustained his burden of having
suffered either an error or an injustice and we find no compelling
basis to recommend granting the relief sought.
_________________________________________________________________
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 15 November 2005, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01797 was considered:
Exhibit A. DD Form 149, dated 30 May 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 5 Jul 05.
Exhibit E. Letter, SAF/MRBR, dated 8 Jul 05.
Exhibit F. Letter, AFBCMR, dated 12 Aug 05
RICHARD A. PETERSON
Panel Chair
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