RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02385
INDEX CODE: 110.02
XXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 FEB 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be changed to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young, immature and entered the military after his father’s death.
He has been a good citizen since his discharge and believes he served his
country well.
In support of his request, applicant provided DD Form 293, Application for
the Review of Discharge or Dismissal from the Armed Forces of the United
States.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered into the Air Force on 20 December 1968, for a term of
four years. On 23 January 1970, his commander notified him, that he was
recommending he be discharged, under the provisions of AFM 39-12,
Separation for Unsuitability, Misconduct, Resignation, or Request for
Discharge for the Good of the Service and Procedures for the Rehabilitation
Program (unsuitability - character and behavior disorders - individual
evaluation), general (under honorable conditions) discharge.
The basis for the action was that a psychiatric evaluation of the applicant
revealed a diagnosis of emotionally unstable personality, passive-
aggressive type; he received an Article 15 for failure to comply with an
order given by his squadron commander and failure to repair and he
expressed an intense dislike for the Air Force and his attitude frequently
created an unfavorable morale problem among the other airman in the
squadron.
He acknowledged receipt of the notification of the discharge. On 17
February 1970, the applicant was interviewed by an evaluation officer and
advised of his rights under the provisions of AFM 39-12 and his right to
submit a rebuttal to the discharge action. Applicant stated he did not
desire to submit a rebuttal and he wanted to be discharged from the service
as soon as possible. The evaluation officer recommended the applicant
receive a general (under honorable conditions) discharge. The base legal
office found the case was legally sufficient to support discharge.
The discharge authority approved the separation and directed the applicant
be discharged with a general (under honorable conditions) discharge. He
was separated on 27 February 1970, and issued a general (under honorable
conditions) discharge. The applicant served 1 year, 3 months, and 13 days
on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 20 October 2005, that on the basis of the data
furnished they were unable to locate an arrest record. (See Exhibit E)
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. Based on the documentation on file in the
master personnel records, the discharge was consistent with the procedural
and substantive requirements of the discharge regulation. The discharge
was within the discretion of the discharge authority.
The applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing. He provided no facts
warranting an upgrade in his discharge to honorable.
The DPPRS 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 23 Sep
2005, for review and comment within 30 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 an error or injustice. We find no impropriety in the
characterization of applicant's discharge. It appears that responsible
officials applied appropriate standards in effecting the separation, and we
do not find persuasive evidence that pertinent regulations were violated or
that applicant was not afforded all the rights to which entitled at the
time of discharge. The only other basis upon which to upgrade his
discharge would be clemency. However, applicant has failed to provide
documentation pertaining to his post service activities. Should he provide
documentary evidence pertaining to his post service activities we would be
willing to reconsider his appeal. In the absence of such evidence,
favorable action is not recommended.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 8 November 2005, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Alan A. Blomgren, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Aug 05, w/atch.
Exhibit B. Applicant's Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 14 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 23 Sep 05.
Exhibit E. FBI Report, dated 20 Oct 05.
KATHLEEN F. GRAHAM
Panel Chair
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