RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00504
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 JAN 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The discharge he received was erroneous because he was suffering from
post traumatic stress disorder (PTSD) at the time of discharge.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 November 1966, the applicant enlisted in the Regular Air Force
(RegAF) as an airman basic (AB) for period of four years.
On 28 July 1970, the applicant was notified of his commander’s intent
to recommend him for discharge under the provisions of Air Force
Manual (AFM) 39-12 for unsuitability. The specific reason for the
discharge action was:
On 1 May 1970, the applicant was evaluated by competent medical
authority and diagnosed as having a passive-aggressive personality,
dependent type, which is a character and behavior disorder.
The applicant received three performance reports while on active duty.
He received a five rating on his performance report for the period 14
November 1968 through 5 August 1969, a nine rating on his performance
report for the period 14 November 1967 through
13 November 1968, and a seven rating on his report for the period 14
November 1966 through 13 November 1967.
The commander advised the applicant that an evaluation officer would
be appointed to assist him and that he would be afforded an
opportunity to submit a rebuttal and statements in his own behalf.
The applicant acknowledged receipt of the notification for discharge
and declined to rebut the discharge action or to submit statements.
The commander indicated in his report for discharge that numerous
counsellings and increased supervisory control failed to halt the
rapid deterioration in the effectiveness of the applicant. The
commander further cited the following derogatory information: removal
from consideration for promotion, forfeiture of $50.00 of pay for two
months, correctional custody for a period of 30 days. Although an
attached statement indicated the applicant was placed on the control
roster, there was no evidence available to substantiate that fact.
A legal review was conducted in which the staff judge advocates
recommended the applicant receive an under honorable conditions
(general) discharge without probation and rehabilitation.
On 4 August 1970, the discharge authority directed the applicant be
discharged with an under honorable conditions (general) discharge.
Applicant was discharged on 5 August 1970, in the grade of airman
first class with an under honorable conditions (general) discharge,
in accordance with 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). He served a total of 3 years, 8 months and 21 days
of active service.
A Department of Veterans Affairs (VA) decision letter dated
27 February 2006 reflects the applicant is receiving a disability
rating of 100 percent for PTSD.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states that based on the information and evidence provided
they recommend the applicant's request be denied. They further state
the applicant has not submitted any evidence nor identified any errors
or injustices that occurred in the processing of his discharge. Based
upon the documentation in the applicant's file,
they believe his discharge was consistent with the procedural and
substantive requirements of the discharge regulations of that time.
Also, the discharge was within the sound discretion of the discharge
authority and the applicant did not provide any facts to warrant an
upgrade of his discharge.
A copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The Air Force was unable to diagnose him correctly in 1969. The reason
his discharge should be reversed to a full honorable discharge is
because the Air Force medical staff and authorities in general did not
have the ability to make a post traumatic stress disorder diagnosis at
the time.
The applicant’s complete response is at Exhibit E.
_________________________________________________________________
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 an injustice to warrant upgrading the
applicant’s discharge. 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 Air Force and adopt its
rationale as the basis for our decision that the applicant has failed
to sustain his burden that he has suffered either an error or an
injustice. Based on the documentation in the applicant's records, it
appears the processing of the discharge and the characterization of
the discharge were appropriate and accomplished in accordance with Air
Force policy. 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 AFBCMR Docket Number BC-
2006-00504 in Executive Session on 22 June 2006, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Glenda H. Scheiner, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Feb 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 17 Mar 06.
Exhibit D. Letter, SAF/MRBR, dated 24 Mar 06.
Exhibit E. Letter, Applicant, undated, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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