RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01361
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  2 November 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His characterization of service be upgraded from undesirable to  medical  or
general.

________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his discharge, he was mentally ill and  needed  psychological
intervention before determining his discharge status.

His wife contends he was diagnosed with depression in 1975 and is  currently
treated with therapy and medicine management.  She suspects the illness  was
present and undiagnosed during his service in  the  military  and  may  have
contributed to his behavior and inability to cope and  perform  to  military
standards.  She has witnessed his regret and sadness  for  his  actions  and
choices made during his military service, and he expresses his apologies  to
the Armed Forces of the United States.  For the past  thirty-two  years,  he
has worked diligently for the welfare  of  his  family,  and,  in  the  most
recent years, in the church and community as a productive  part  of  society
up until his failing health.

In support of his appeal, he has submitted copies of a  statement  from  his
wife, dated 19 February 2007, and a letter from the Psychiatry Group,  PLLC,
Bartlett, TN, dated 26 April 2007.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 January 1971 for  a  period
of four years, and served as an apprentice administrative clerk.

On 18 September 1972, applicant was notified of his  commander's  intent  to
recommend him for an  undesirable  discharge,  specifically,  unfitness  for
further military service.

The commander stated the  following  reasons  for  the  proposed  discharge:


        a. On 3 November 1971, 11 November 1971, 27 December 1971, 6 January
           1972, 18 January 1972, 29  February  1972,  3 May  1972,  and  18
           August 1972, he failed to  go  at  the  time  prescribed  to  his
           appointed place of duty

        b. On or about 23 February 1972, he was  disorderly  in  the  Dining
           Hall

        c. On or about 1 March 1972, he made a false official statement with
           intent to deceive

        d. On or about 24 May 1972, he was disorderly in the barracks

        e. On or about 1 July 1972, he unlawfully struck a female airman  in
           the face with his hand

        f. On or about 27 September 1972, he was apprehended for shoplifting
           two cartons of cigarettes from the Altus AFB Base Exchange

On 7 January 1972, applicant received a written reprimand  for  his  failure
to go actions on 3 November 1971, 11 November 1971, 27 December 1971, and  6
January 1972.  Although the record reveals  no  formal  punishment  for  his
tardiness on 18 January 1972, it is mentioned in a control roster action  on
26 January 1972.  On 14 April 1972, he  received  administrative  reprimands
for his involvement in a fight in the Dining Hall on 23 February  1972.   On
3 May 1972, he received an Article  15  for  his  failure  to  go,  and  his
punishment consisted of a  reduction  to  the  grade  of  Airman  Basic  and
forfeiture of $25.00 per  month  for  two  months.   On  20  July  1972,  he
received another Article 15 for, on or  about  1  July  1972,  assaulting  a
female airman by slapping her in the face and causing her to have  a  bloody
nose and  scratches  around  her  face,  and  his  punishment  consisted  of
forfeiture of $25.00 and 14 days restriction to the  limits  of  Altus  AFB,
OK.  On 10 August 1972, he received  an  administrative  reprimand  for  his
involvement in a fight in the barracks on 24 May 1972.  On 25  August  1972,
he received another Article 15 for his failure to go on 18 August 1972,  and
his punishment consisted of forfeiture of $25.00 per month for  two  months,
extra duty for two hours per day for 14 days, and  15  days  restriction  to
the limits of Altus AFB, OK.  On  2  October  1972,  he  was  given  another
Article 15 for, on or about  27  September  1972,  being  apprehended  while
shoplifting two cartons of cigarettes from the Base Exchange at  Altus  AFB,
with punishment consisting of 30 days correctional custody, later  mitigated
by his commander to  15  days  restriction  to  the  limits  of  Altus  AFB.
Additionally, he was placed  on  the  control  roster  by  letter  dated  26
January 1972 for a period of 90 days, and this  control  roster  action  was
subsequently extended by letter three times.

The commander advised applicant of his right to present his case  before  an
administrative discharge board, to  be  represented  by  legal  counsel,  to
submit statements in his  own  behalf,  or  waive  the  above  rights  after
consulting with counsel.

On 27 September 1972, after consulting  with  counsel,  applicant  exercised
his right to a hearing before  an  administrative  discharge  board.   On  3
October 1972, he was notified that a board of officers would be convened  on
4 October 1972 to investigate whether he should  be  discharged  because  of
his frequent involvement of a discreditable nature with  civil  or  military
authorities, as evidenced by the allegations contained  in  the  commander’s
notification of proposed discharge action.  A delay was requested,  and  the
board was rescheduled to 12 October 1972.  On 11 October 1972,  he  withdrew
his request for a hearing before  an  administrative  discharge  board,  and
submitted a  statement  in  mitigation,  extenuation,  and  defense  of  the
proposed discharge action.

A legal review was conducted on 13 October 1972, in which  the  staff  judge
advocate recommended applicant be allowed to withdraw  his  request  for  an
administrative discharge board, be discharged for  unfitness  and  furnished
an undesirable discharge, and that no further rehabilitative  procedures  be
attempted.  A further legal review was conducted by 22 AF/JA on  26  October
1972, in which they recommended that applicant be discharged  for  unfitness
and issued an undesirable discharge, without opportunity for  probation  and
rehabilitation.

A resume of applicant's performance reports follows:

      PERIOD ENDING                     OVERALL EVALUATION

       18 Aug 1972                      2
       25 Apr 1972                           1 (referral)
       26 Jan 1972                      2

His records reflect he is entitled to  wear  the  National  Defense  Service
Medal.

Applicant was discharged for unfitness on 3 November 1972 in  the  grade  of
Airman Basic  (E-1),  in  accordance  with  AFR  39-10,  paragraph  2-15a  –
frequent involvement of  a  discreditable  nature  with  civil  or  military
authorities, with an undesirable discharge characterization.  Probation  and
rehabilitation was not offered.   He  served  a  total  of  one  year,  five
months, and three days of net active service.

On 8 February 1979, applicant appealed to the  Air  Force  Discharge  Review
Board (AFDRB), requesting that his records be reviewed and his discharge  be
upgraded  to  honorable.   The  AFDRB  concluded  that  his  discharge   was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation, was within the discretion of the discharge  authority,
and that he was provided full administrative due process.   They  determined
that his military record does not contain,  nor  did  he  provide,  evidence
that his service  was  sufficiently  meritorious  to  warrant  upgrade,  and
denied his appeal on 11 December 1979.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated that on the basis  of  the  data  furnished,  they
were unable to locate an arrest record (Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

None.  The applicant has not shown the  characterization  of  his  discharge
was contrary to AFM 39-12 (extract copy attached as Exhibit G), nor  has  he
shown that the nature of the discharge was unduly harsh or  disproportionate
to the offense  committed.   At  the  time  of  his  discharge,  AFM  39-12,
paragraph 1-24e, stated that the characterization of service as  undesirable
was warranted if  the  discharge  was  for  misconduct,  unfitness,  or  for
security  reasons  based  on  the  approval  of  a  recommendation   of   an
administrative discharge board, or waiver of  the  right  to  board  action.
AFM 39-12, paragraph 2-15, further stated an airman is subject to  discharge
for unfitness when his military record in his current enlistment  or  period
of obligated  service  includes  frequent  involvement  of  a  discreditable
nature with civil or military authorities.

The applicant has not alleged any impropriety in the  manner  in  which  the
discharge was conducted, and  the  record  indicates  he  was  afforded  all
rights to which he was entitled.  Thus, by  choosing  to  waive  his  rights
associated with an administrative discharge board, it appears he  was  aware
of the possibility of receiving  an  undesirable  service  characterization.
Additionally, there was no  claim  or  mention  of  mental  illness  by  the
applicant  during  the  discharge  process.   However,  notwithstanding  the
absence of error or injustice,  the  Board  has  the  prerogative  to  grant
relief on the basis of clemency if so inclined.

On 17 April 2007, the SAF/MRB  Legal  Advisor  provided  a  generic  opinion
concerning service characterization which is contained at Exhibit D.

________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the 17 April 2007 SAF/MRB Legal  Advisory  was  forwarded
to the applicant on 20 June 2007 for review  and  comment  within  30  days.
Additionally, applicant was given a  chance  on  20  June  2007  to  provide
information within 30 days pertaining to his activities  since  leaving  the
service.  Applicant responded on 1 August  2007,  and  furnished  statements
from Chemtura, dated 27 July 2007, Blessed Hope Church, dated 26 July  2007,
and UT Medical Group, Inc., dated 15 November 2006.

Applicants complete response, with attachments, 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice to warrant  granting  clemency  and  changing  the
applicant’s characterization of service from undesirable to general.   After
reviewing the evidence of record, it appears that his separation was  proper
and in compliance with the appropriate regulations in effect  at  the  time.
However, after a thorough review of applicant’s complete submission and  his
military records, a majority of the Board  is  persuaded  that  in  applying
today’s standards, a general discharge more appropriately characterizes  his
period  of  service.   Additionally,  evidence  has  been   presented   that
applicant has suffered from severe mental depression, and despite this,  has
substantially changed his life since his separation.  In view of the  above,
a majority of the  Board  believes  the  benefit  of  any  doubt  should  be
resolved in his favor, and the Board, by majority vote, voted  to  recommend
that his records be corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on
3 November 1972, he was discharged with  service  characterized  as  general
(under honorable conditions).

________________________________________________________________

The following members of the Board considered Docket Number BC-2007-1361  in
Executive Session on 2 August 2007, under the provisions of AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Ms. Jan Mulligan, Member

By majority vote, the Board voted to correct  the  records  as  recommended.
Ms. Janet I. Hassan voted to deny the  applicant’s  request,  but  does  not
wish to submit a minority report.  The following  documentary  evidence  was
considered:

    Exhibit A.  DD Form 149, dated 25 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Response, dated 18 May 07.
    Exhibit D.  Letter, SAF/MRB Legal Advisor, dated 17 Apr 07.
    Exhibit E.  Character Letters, dated 26 & 27 Jul 07, and
                15 Nov 06.
    Exhibit F.  Letters, AFCMR, dated 20 Jun 07.
    Exhibit G.  AFM 39-12 Extracts, dated 1 Sep 66 & 25 Mar 74.




                                   WAYNE R. GRACIE
                                   Panel Chair

AFBCMR BC-2007-01361




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 XXXXXXXXXXXXXXXX, be corrected to show that on 3 November  1972,
he was discharged with service characterized  as  general  (under  honorable
conditions).







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency