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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