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AF | BCMR | CY2006 | BC-2006-00755
Original file (BC-2006-00755.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00755
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  15 SEPTEMBER 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions  (general)  discharge  be  upgraded  to
honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

He has no articles or letters of reprimand in his record.

He was  discharged  for  having  a  “personality  disorder,”  that  he
believes was not determined by an MD, and after only one interview.

Applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 Jan 76, for a period
of four years in the grade of airman basic.  His  highest  grade  held
was airman first class.

On 21 May 79, the squadron commander notified the  applicant  that  he
was  recommending  he  be  discharged  from  the  Air  Force  due   to
unsuitability in the form of a personality disorder based on a  mental
health evaluation that indicated he had  a  personality  disorder,  as
described in the Diagnostic and Statistical Manual (DSM II) of  Mental
Disorders, American Psychiatric Association and was best classified as
schizoid personality, with passive aggressive traits, chronic, severe,
as determined by competent medical authority,  which  interfered  with
his duty performance as evidenced by the following:

      1)  On or about 6 Jan 79, applicant was  counseled  for  writing
three checks which were dishonored due to insufficient funds.

      2)  On or about 2 Feb 78, applicant was counseled for writing  a
check with insufficient funds.

      3)  On or about 14 Feb 78, applicant was counseled  for  failure
to obey the lawful order of a superior noncommissioned officer (NCO).

      4)  On or about 8 Jun 78,  applicant  was  counseled  for  being
insubordinate to a senior NCO.

      5)  On or about 19 Aug 78, applicant was counseled for receiving
a traffic ticket and not having a valid inspection sticker.

      6)  On or about 28 Aug, 6 Sep, and  14  Dec  78,  applicant  was
counseled for failure to go to his appointed place of duty.

      7)  On 2 Feb 79, applicant received a Letter  of  Reprimand  for
reporting to his duty section in civilian  clothes,  unshaven  and  in
need of a haircut on or about 29 & 30 Jan 79, and for failure to  take
care of personal business on off duty time and for  being  inattentive
to his duties causing delays in equipment being reported and repaired.

      8)  On or about 6 Apr 79, applicant wrote a check  at  the  Main
Exchange which was returned due to insufficient funds.

On 23 Mar 79, after consulting with  counsel,  applicant  acknowledged
receipt of the discharge notification and waived his rights to present
his case before an administrative discharge board, to  be  represented
by military counsel, and to submit statements in his own behalf.

On 30 May 79, the Deputy Staff Judge  Advocate  found  the  case  file
legally sufficient to support discharge from the  Air  Force  with  an
under honorable conditions (general) discharge without  probation  and
rehabilitation.  On 6 Jun 79, the  discharge  authority  approved  the
separation and directed that the applicant be discharged with an under
honorable  conditions  (general)  discharge  without   probation   and
rehabilitation.

Applicant was discharged on 15 Jun 79, in the grade  of  airman  first
class (E-3), under the provisions of AFM 39-12, Chapter 2, Section  A,
for Unsuitability,  and  was  issued  an  under  honorable  conditions
(general) discharge.  He was credited with 3 years, 4 months,  and  17
days of active military service.

Pursuant to the Board’s request on 12 May 06, the  Federal  Bureau  of
Investigation, Clarksburg, West Virginia, indicated on  24  May  2006,
that, on the basis of data furnished, they are  unable  to  locate  an
arrest record (Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application  be  denied  and  states,  in
part, 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 evidence or identify  any  errors  or
injustices that occurred in the discharge  processing.   Additionally,
the applicant provided no facts warranting a change to  his  character
of service.

A complete copy of the Air Force evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 May 06, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response within 30 days.  As of this date, no
response has been received by this office (Exhibit E).

On 2 Jun 06, the  AFBCMR  offered  the  applicant  an  opportunity  to
provide information pertaining to his  activities  since  leaving  the
service (Exhibit F).  However, to date, he has failed to respond.

________________________________________________________________

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  careful  review  of  the
available  records,  the  applicant’s  discharge  appears  to  be   in
compliance with the governing regulation and we find  no  evidence  to
indicate that his separation from the Air Force was inappropriate.  We
find no evidence of  error  in  this  case  and  after  reviewing  the
documentation submitted in support of applicant’s appeal,  we  do  not
believe he has suffered from an injustice.  Therefore,  based  on  the
available evidence of record, 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   Docket   Number
BC-2006-00755  in  Executive  Session  on  13  July  2006,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Jan Mulligan, Member
      Ms. Josephine L. Davis, Member

The  following  documentary  evidence  pertaining  to  Docket   Number
BC-2006-00755 was considered:

    Exhibit A.  DD Form 149, dated 4 Mar 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 21 Apr 06.
    Exhibit E.  Letter, SAF/MRBR, dated 12 May 06.
      Exhibit F.  Letter, AFBCMR, dated 2 Jun 06.




                                             RICHARD A. PETERSON
                                             Panel Chair

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