RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02902
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  27 MAR 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than  honorable  conditions  (UOTHC)  discharge  be
upgraded.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was hearing voices while on duty;  however,  he  was  afraid  to
report that he was suffering from bipolar schizophrenia, which  was
not diagnosed.  Applicant states, he performed well until he had an
episode with hearing voices.  The voices told him that we were  not
going to win the war, so he followed their direction and  left  the
service.

In support of his appeal, applicant submitted a copy of his DD Form
214, Armed Forces of  the  United  States  Report  of  Transfer  or
Discharge, dated 30 Apr 71 and  extracts  from  his  mental  health
records from his local county mental health services.

Applicant’s complete response, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  28  Oct  68  for  a
period of four years in the grade of airman basic.   Applicant  was
progressively promoted to the grade of airman first  class  with  a
date of rank of 1 Jun 69.

On  5  Apr  71,  applicant’s  commander  initiated   administrative
discharge action against the applicant under AFM 39-12, Chap 2, Sec
B, para 2-15d, an established pattern for shirking.   The  specific
reasons for the proposed action were:

      a.  On 4 Jan 71, applicant received an Article 15 for failure
to go at the time prescribed to his appointed place of duty, on  or
about (o/a) 3 Jan 71 and o/a 4 Jan 71, willfully disobeyed a lawful
order.  His punishment consisted of a suspended reduction in  grade
to airman until 4 Feb 71 and restriction to the base for  a  period
of 30 consecutive days.

      b.  On 17 Feb 71, applicant was convicted by  Special  Court-
Martial for Charge I, Specification 1,  for  being  absent  without
leave (AWOL), o/a 31 Jan 71 to 9 Feb 71; for Specification  2,  for
being AWOL, o/a 11 Feb to 13 Feb 71; and Charge II,  Specification,
for  willfully  disobeying  a  lawful  order  on  13 Feb 71.    His
punishment consisted of confinement with hard labor (CHL) for three
months.  The sentence was adjudged on 17 Feb 71.

      c.  On 44 Mar 71, applicant was written up  on  DD Form 1569,
Incident/Complaint Report, for failure to comply with  instructions
and  disrespect  to  a  noncommissioned  officer  (NCO)  by   being
argumentative.

On 15 Mar 71, applicant stated to the Adjustment Board that he  did
not desire to return to duty.  The Board recommended the  applicant
be turned over to the Corrections Division and a  majority  of  the
Board recommended the applicant for administrative separation.

Applicant acknowledged receipt of  the  discharge  notification  on
5 Apr 71.  On that same date applicant’s commander  recommended  an
undesirable discharge  under  the  provisions  of  AFM  39-12.   On
6 Apr 71, after  consulting  with  counsel,  applicant  waived  his
rights  to  an  administrative  discharge  board  and   to   submit
statements in his own  behalf.   On  7  Apr  71,  the  staff  judge
advocate found the case legally  sufficient  to  support  discharge
under AFM 39-12, Chap 2, Section B, paragraph 2-15d (shirker).   He
further recommended upon completion of his sentence,  applicant  be
discharged for unfitness and furnished  an  undesirable  discharge,
and expelled from the base.  On 26 Apr 71, the discharge  authority
ordered the applicant be discharged to coincide  with  his  minimum
release date from  confinement  and  be  furnished  an  Undesirable
Discharge Certificate, DD Form 258AF, and expelled from the base.

On 30 Apr 71, applicant was  discharged  under  the  provisions  of
AFM 39-12, with service characterized as under other than honorable
conditions, in  the  grade  of  airman  basic  and  was  issued  an
undesirable discharge certificate.  He was credited with 2 years, 3
months, and 7 days of active duty service (excludes 3  –  4  Jan71,
31 Jan – 9 Feb 71, 11 – 13 Feb 71, and 17 Feb – 29 Apr  71  due  to
confinement and AWOL).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

The  AFBCMR  Medical  Advisor   reviewed   this   application   and
recommended denial.

The applicant requests a change in the records to reflect a  change
in the character of discharge.   Applicant  contends  that  he  was
hearing voices while on active  duty  but  didn't  report  it.   He
claims he was diagnosed in  1998  with  bipolar  disorder.   It  is
difficult to determine the specific onset of the applicant's mental
health condition and a predilection for bipolar disorder  may  have
existed during his  military  service.   However,  considering  the
applicant's history of drug abuse before his diagnosis was made, it
is reasonable to  believe  that  he  may  have  had  a  personality
disorder during the time of service, aggravated by his  drug  abuse
but did not have a significant mental health disorder which did not
become apparent for almost 30 years.  There is no credible  medical
documentation  linking  his  misconduct  in  1971  to  his  bipolar
disorder diagnosis made in 1998.  The preponderance of evidence  of
the record shows that the applicant's later  bipolar  disorder  did
not cause his misconduct.  Action and disposition in this case  are
proper  and  equitable  reflecting  compliance   with   Air   Force
directives that implement the law.

The AFBCMR Medical Consultant’s evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 25 Jul 07 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (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.   We  took
notice of the applicant's complete submission in judging the merits
of the case.  While it appears the applicant might have experienced
some  undiagnosed  personality  disorders  while  on  active  duty,
possibly resulting from admitted drug abuse, we found  no  evidence
that his condition at the time of discharge caused his  misconduct,
or led to his subsequent administrative discharge.  The applicant’s
case has  undergone  an  exhaustive  review  by  the  BCMR  Medical
Consultant and there is nothing in the  evidence  provided  by  the
applicant  that  would  overcome  his  assessment  of   the   case.
Additionally, the Board noted the  applicant  was  administratively
separated, not as  a  result  of  his  special  court  martial,  as
indicated in the evaluation by the Medical Consultant.   Aside,  no
evidence has been presented which would lead us to believe that the
applicant’s service characterization was improper.  In view of  the
offenses committed during the applicant’s short period of  service,
the contents of the FBI report, and the absence of evidence related
to his post-service activities  and  accomplishments,  we  are  not
persuaded that a change to the characterization of his discharge is
warranted.  Therefore, in the absence of persuasive 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-2006-02902 in Executive Session on 10 October  2007,  under  the
provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Clarence R. Anderegg, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, FBI Report of Investigation., dated.
    Exhibit D.  Letter, AFBCMR Medical Consultant, dated 24 Jul 07.
    Exhibit E.  Letter, SAF/MRBR, dated 25 Jul 07.




                                   JAMES W. RUSSELL III
                                   Panel Chair