RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02354
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 3 FEBRUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be changed to a medical
discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Air Force never considered his background or his illness
(mentally)[sic]. He was paranoid because of what his father went through
after fighting in World War II and the Korean conflict.
He was under a lot of pressure due to the war or conflict that was going
on. He was not warned initially of the use of drugs in the service. He got
caught with a marijuana cigarette in his room and believes he was
railroaded by the Office of Special Investigation (OSI). He did not get
his rights read to him or proper representation when he was brought in.
The punishment was too severe; all he wanted to do is serve his country.
He was diagnosed as a paranoid schizophrenic “due to his time connected
with the service.”
In support of his request, applicant provided his personal statement and a
copy of his DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 Jul 65, the applicant enlisted in the Regular Air Force in the grade
of airman basic (E-1) for a period of four years. Applicant was
progressively promoted to the grade of airman third class (E-2) effective
and with a date of rank of 9 Sep 65.
On 17 Nov 66, the squadron commander notified the applicant that he was
recommending he be discharged from the Air Force for unfitness. He
recommended applicant receive an under other than honorable conditions
(undesirable) discharge based on the following:
a. Possession of marijuana, as evidenced by an (Office of Special
Investigation (OSI)) Report of Investigation.
b. On 19 May 66, applicant received an Article 15 for being disorderly
on station and breaking restriction. Punishment consisted of forfeiture of
$15.00.
c. On 21 Sep 66, applicant received an Article 15 for being disorderly
on station and breaking restriction. Punishment consisted of reduction in
grade to airman basic, forfeiture of $15.00 pay per month for two months
and 14 days of extra duty.
On 29 Dec 66, the applicant acknowledged receipt of the notification of
discharge and, after consulting with legal counsel, did not waive his right
to a hearing before an administrative discharge board. He indicated he was
not submitting statements in his own behalf and he understood that he may
receive an under other than honorable conditions (undesirable) discharge.
On 18 Jan 67, applicant was notified to appear before a board of officers
to determine whether or not he should be separated from the Air Force for
unfitness. Applicant acknowledged receipt of the notification to appear
before a board of officers on 23 Jan 67.
On 23 Jan 67, the board of officers found that the applicant possessed and
used marijuana without authority on 16 Aug 66. The board of officers
recommended applicant be discharged with an under other than honorable
conditions (undesirable) discharge. On 16 Mar 67, the Staff Judge Advocate
found the case file legally sufficient to support discharge and recommended
an under other than honorable conditions (undesirable) discharge. The
discharge authority approved the separation and directed applicant be
discharged with an under other than honorable conditions (undesirable)
discharge.
Applicant was discharged on 27 Mar 67, in the grade of airman basic, under
the provisions of AFM 39-12, for unfitness – proceedings of board of
officers) and issued an under other than honorable conditions (undesirable)
discharge. He served one year, eight months, and one day on active duty.
On 9 Apr 68, the Air Force Discharge Review Board (AFDRB) considered all
the evidence of record and concluded that a change in the type or nature of
applicant’s discharge was not warranted.
On 19 Apr 68, the Air Force Board for Correction of Military Records
directed the pertinent military records of the Department of the Air Force,
relating to the applicant be corrected to show that on 27 Mar 67, he was
discharged with an under honorable conditions (general) discharge.
Applicant was issued a new DD Form 214, Report of Separation from Active
Duty reflecting he was discharged with an under honorable conditions
(general) discharge.
_________________________________________________________________
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 his under honorable conditions
(general) discharge to be changed to a medical discharge.
A complete copy of the DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant sent in a copy of his father’s DD Form 214 and honorable
discharge certificate from the Army. He says if you look at his father’s
medical records it should show, or tell why his condition was like his
Dads. He would appreciate it very much if someone would look up his
father’s records and find this out for him.
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 error or injustice. After careful consideration of the
available evidence, the discharge appears to be in compliance with the
governing regulations in effect at the time and we find no evidence to
indicate his separation from the Air Force should be changed to a medical
discharge. We find no evidence of error in this case and after thoroughly
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 his request.
_________________________________________________________________
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-
02354 in Executive Session on 14 November 2006, under the provisions of AFI
36-2603:
Mr. Laurence M. Groner, Panel Chair
Ms. Mary C. Puckett, Member
Ms. Kathleen F. Graham, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02354 was considered:
Exhibit A. DD Form 149, dated 26 Jun 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 17 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 22 Sep 06.
Exhibit E. Letter, Applicant, undated, w/atchs.
LAURENCE M. GRONER
Panel Chair
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