RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00269
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  4 AUGUST 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was fighting his friend.

In support of his appeal, applicant submitted a copy of his  DD  Form
257AF and letter from Work Force Solutions.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  (RegAF)  on  25 November
1960 as an airman basic (AB) for a period of four years.

The applicant underwent a psychiatric  evaluation  on  16  December
1963.  The psychiatrist interviewed the applicant and diagnosed the
applicant with passive aggressive personality,  passive  aggressive
type, severe, manifested by poor judgment, emotional immaturity and
a tendency to blame his environment for all  of  his  difficulties.
The psychiatrist further recommended that based on the presence  of
a personality disturbance in the applicant, the appropriate type of
administrative separation from the service is recommended.

On 14 January 1964, the applicant’s  commander  notified  him  he  was
recommending him for discharge from the Air Force (AF) for
unsuitability due to his character and  behavior  disorders  and  upon
medical recommendation.

On 28 January 1964, the evaluation officer interviewed  the  applicant
and explained the following:

      a.    Advised the applicant of  his  rights  under  Article  31,
Uniform Code  of  Military  Justice  (UCMJ)  and  the  nature  of  the
proceedings.

      b.    Explained the entire file.

      c.    Advised the applicant on his right to submit statements in
his own behalf.

      d.    Advised the applicant that  he  (the  evaluation  officer)
would assist him in preparing a statement  in  his  behalf  if  he  so
desired.

On 28 January 1964, the evaluation officer recommended  the  applicant
be  discharged  for  unsuitability  due  to  character  and   behavior
disorders and medical recommendation.

On  28  January  1964,  the  applicant  acknowledged  that   he   was
interviewed by the evaluation officer regarding the discharge  action
recommended by the commander and he elected not to submit  statements
in his behalf.

The commander indicated in his recommendation for discharge that  the
applicant had been counseled on numerous occasions about his attitude
toward the Air Force, performance of  assigned  duties  and  attitude
toward his fellow  workers.   The  conduct  the  applicant  exhibited
cannot be tolerated  in  this  command  and  will  not  be  condoned.
Because of his lack of response to corrective guidance, the commander
firmly believes that the applicant’s continued  service  in  the  Air
Force  is  without  justification  and  that  his   indifference   to
responsibility has had an adverse affect  upon  the  airmen  of  this
organization.

On 20 February 1964, a legal review was conducted in which the  staff
judge advocate recommended the applicant be discharged with an  under
honorable conditions (general) discharge.

On 24 February 1964, the discharge authority approved the  separation
and directed the applicant be  discharged  with  an  under  honorable
conditions (general) discharge.

Applicant was separated from the Air Force on 27 February 1964  under
the provisions of Air Force Regulation  (AFR)  39-16,  Discharge  for
Unsuitability, with an under honorable conditions
(general) discharge.  He was credited with three years, three  months
and three days of active duty service.

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

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  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.  He provided  no
facts warranting a change in his character of service.

AFPC/DPPRS complete 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
23 February 2007, for review and comment within 30 days.  As  of  this
date, no response has been received by this office.

A copy of the FBI Investigation was  forwarded  to  the  applicant  on
13 March 2007 for review and comment within 30 days.  As of this date,
this office has received no response (Exhibit F).

___________________________________________________________________

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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or an  injustice  warranting  upgrading  the
applicant’s discharge.  The Board notes the applicant was notified  by
his commander and the evaluation officer that he would be receiving an
honorable discharge.  The applicant, believing he was being discharged
with an honorable discharge, did not submit any mitigating factors  in
regards to his discharge action.  After  a  legal  review,  the  staff
judge advocated recommended a  general  (under  honorable  conditions)
discharge and it appears the applicant  was  never  notified  of  this
change in the discharge recommendation. In view of the  above  and  in
order to resolve any possibility of an injustice to the applicant,  we
recommend that his records be corrected to the extent indicated below.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 27  February  1964,
he was honorably  discharged  and  furnished  an  Honorable  Discharge
certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-00269 in Executive Session on 26 April 2007 under the  provisions
of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Gregory A. Parker, Member
                       Mr. James L. Sommer, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 Jan 07, w/atch.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 7 Feb 07.
   Exhibit E.  Letter, SAF/MRBR, dated 23 Feb 07.
   Exhibit F.  Letter, AFBCMR, dated 13 Mar 07 w/atch.




                                        RICHARD A. PETERSON
                                        Panel Chair






AFBCMR BC-2007-00269



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            , be corrected to show that on 27
February 1964, he was honorably discharged and furnished an Honorable
Discharge certificate.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency