RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01975
COUNSEL: DAV
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 13 NOVEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He requests his discharge be upgraded to honorable in order to receive
service connection for his heart.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 18 December
1970, as an airman basic (AB) for a period of four years.
On 7 October 1971, the applicant’s commander notified him that he was
recommending him for discharge from the Air Force (AF) under the provisions
of Air Force Manual (AFM) 39-12, Chapter 2, Section A, paragraph 2-4b,
Character and Behavior Disorder. The specific reasons for the discharge
action were:
a. On 19 August 1971, the applicant received an Article 15 for
failure to go to his appointed place of duty. For this misconduct his
punishment consisted of 14 days of extra duty and restriction to the base
for 14 days.
b. On 2 September 1971, the applicant received an Article 15 for
failure to obey a lawful order. For this misconduct his punishment
consisted of reduction to the grade of AB, forfeiture of $25.00 and
restriction to the base for 14 days.
c. On 9 September 1971, the applicant was diagnosed by the
Psychiatric Clinic as having a severe passive aggressive personality, which
existed prior to service (EPTS).
d. On 23 September 1971, the applicant failed to report for duty.
The applicant was appointed an evaluation officer. The evaluation officer
conducted an interview with the applicant, reviewed the applicant’s records
and comments by his commander, and recommended the applicant be discharged
from the Air Force due to unsuitability with a general discharge without
probation and rehabilitation.
After consulting with the evaluation officer the applicant elected not to
submit statements in his own behalf.
On 22 October 1971, the staff judge advocate reviewed the case and found it
legally sufficient to support separation and recommended the applicant
receive a general discharge without probation and rehabilitation.
On 2 November 1971, the discharge authority directed the applicant be
discharged with a general discharge.
Applicant was discharged on 3 November 1971. He served a total of
10 months and 16 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation
provided an investigative report which is attached at Exhibit C.
On 16 July 2007, the Board staff requested the applicant provide
documentation concerning his activities since leaving military service
(Exhibit E).
On 18 July 2007, the Board staff forwarded the applicant a copy of his FBI
report for review and comment within 30 days. As of this date, no response
has been received by this office (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. 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; however, the
applicant has failed to sustain his burden of proof that he has suffered
either an error or an injustice. Based on the documentation in the
applicant's records, and his apparent misconduct subsequent to military
service as contained in his FBI investigative report, it appears that the
processing of his service and the characterization of the discharge were
appropriate and accomplished in accordance with Air Force regulations. The
applicant has not shown the characterization of his discharge was contrary
to the provisions of applicable regulation. Nor has he shown the nature of
the discharge was unduly harsh or disproportionate to the offenses
committed. Therefore, in the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief sought in this
application.
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 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-2007-
01975 in Executive Session on 12 September 2007 under the provisions of AFI
36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Richard K. Hartley, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 8 Jan 07
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Extract AFM 39-12.
Exhibit E. Letter, AFBCMR, dated 16 Jul 07.
Exhibit F. Letter, AFBCMR, dated 18 Jul 07.
MICHAEL J. NOVEL
Panel Chair
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