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AF | BCMR | CY2006 | BC-2006-00539
Original file (BC-2006-00539.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00539
            INDEX CODE: 106.00
      XXXXXXX    COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  26 Aug 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1959 general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His service in the Air Force warranted an  honorable  discharge.   His
pay was low and his wife was divorcing him.  His problems  caused  him
to request a discharge.  He disagrees that he did not adapt to or  was
unsuitable for military service.  He’s 69 years old and believes  it’s
time the characterization be upgraded.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  on  8 Apr  57  for  a
period of four years.  He was promoted to the grade  of  airman  third
class (A/3C) with a date of rank (DOR) of 25 Jun 57 and  was  assigned
to the 3380th Installations Group at Keesler AFB, MI.

A 29 Sep 58, a Keesler AFB Neuropsychiatric Certificate reported  that
the  applicant  had  an  inadequate  personality,   chronic,   severe,
manifested   by   inadaptability,    poor    judgment    and    social
incompatibility;   stress,   minimal   routine    military    service;
predisposition, severe developmental; psychiatric impairment,  marked;
not in the line of duty (LOD) and existed  prior  to  service  (EPTS).
Separation from the service was recommended.

On 2 Dec 58, the applicant’s commander recommended the  applicant  for
discharge.  The commander indicated unrelated incidents brought to his
attention suggested the applicant continually appeared to get  himself
“involved in unfortunate situations which seem to stem from a definite
character disorder, manifested by melancholy, brooding, uncontrollable
flashes of temper,  occasional  intemperate  use  of  alcohol,  severe
marital difficulties, and an accumulation of approximately $1700.00 in
debts through gross mismanagement of his personal affairs.”   Further,
the applicant’s reaction to discussions about his situation  had  been
that of complete  dejection,  apathy  toward  his  personal  life  and
military duties, and a general defective attitude.  The applicant  had
rejected offers of help, and the commander was inclined to agree  with
the applicant’s belief that he “would never amount to anything in  the
Air Force.”

On 2 Dec 58, after consulting counsel, the applicant waived his  right
to an administrative discharge board and acknowledged  his  separation
with a general discharge would be under honorable conditions.

A 12 Jan 59 Keesler AFB Psychiatric Certificate indicated there was no
evidence of disqualifying psychiatric  or  physical  disease  and  the
applicant’s type of personality pattern (character behavior  disorder)
warranted his administrative separation from the service.

On  27 Jan  59,  the  discharge  authority  approved  the  applicant’s
separation.  On 6 Feb 59, after 1 year, 9 months and 29 days of active
service, the applicant was administratively discharged in the grade of
A/3C with  a  general  characterization  for  inaptitude/unsuitability
under the provisions of AFR 39-16.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Washington, D.C., indicated that on the basis of the  data  furnished,
they were unable to locate an arrest record (Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial, contending the applicant’s  discharge
was consistent with the procedural and substantive requirements of the
discharge regulation  and  within  the  discretion  of  the  discharge
authority.  The applicant provides no evidence of error  or  injustice
in his discharge processing.

A complete copy of the HQ AFPC/DPPRS evaluation is at Exhibit D.

HQ AFPC/JA recommends denial, contending the application is  untimely.
Further, the applicant’s claim fails on the merits.   He  provides  no
evidence supporting his claim that there were insufficient problems in
his record to justify the general discharge he received.  He  had  the
opportunity  to   contest   both   the   basis   for   discharge   and
characterization of service  at  an  administrative  discharge  board.
However, after consulting legal counsel,  he  voluntarily  waived  his
rights to a board and recognized he would receive a general discharge.
 No evidence in his records indicates he was coerced into making  this
waiver.  There is no error or injustice in this case.

A complete copy of the HQ AFPC/JA evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 7 Apr 06 for review and comment within 30  days  (Exhibit
F).

On 2 Jun 06, the AFBCMR Staff invited the applicant  to  submit  post-
service information (Exhibit G).

The applicant responded, indicating his marital  problems  during  his
service resulted from his low pay.  He does not believe he should have
received a general discharge.  After his separation, he worked  as  an
electronic technician, then  as  a  construction  electrician  for  40
years.  Of that period, 15½ years were spent as a  St.  Louis  County,
MO, electrical inspector.  He received  more  commendations  than  any
inspector in that area.  He provides documents regarding his  civilian
work history.

The applicant’s complete response, with attachments, is at Exhibit H.

_________________________________________________________________

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.    After a thorough review of the evidence of  record,  we  see  no
evidence   showing   the    applicant’s    general    discharge    for
inaptitude/unsuitability was erroneous, unjust,  or  contrary  to  the
directive under which it was effected.  However,  while  it  may  have
been appropriate at the time, the applicant’s successful transition to
civilian life, as  evidenced  by  the  post-service  documentation  he
provided and the FBI  report  indicating  he  has  been  a  law-biding
citizen, leads us to conclude that  upgrading  his  discharge  on  the
basis of clemency would be appropriate.  Accordingly,  we  recommended
the applicant’s general discharge be upgraded to honorable.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to  show  that,  on  6 February
1959, he was honorably discharged and furnished an Honorable Discharge
certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 18 July 2006 under the provisions of AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Ms. Karen A. Holloman, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2006-00539 was considered:

   Exhibit A.  DD Form 149, dated 8 Mar 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI - Negative Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 23 Mar 06.
   Exhibit E.  Letter, HQ AFPC/JA, dated 30 Mar 06.
   Exhibit F.  Letter, SAF/MRBR, dated 7 Apr 06.
   Exhibit G.  Letter, AFBCMR, dated 2 Jun 06.
   Exhibit H.  Letter, Applicant, undated (received 13 Jun 06),
                             w/atchs.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair

AFBCMR BC-2006-00539




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that, on
6 February 1959, he was honorably discharged and furnished an
Honorable Discharge certificate.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency


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