RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02975
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged because he  suffered  from  a  chemical  imbalance,
stress syndrome and post traumatic stress disorder.

In support of his request, the applicant provided a personal statement
and a copy of his DD Form 214, Certificate  of  Release  or  Discharge
from Active Duty.

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

___________________________________________________________________

STATEMENT OF FACTS:

On 1 Sep 71, the applicant contracted his initial enlistment  in  the
Regular Air Force.  He was progressively promoted  to  the  grade  of
airman having assumed the grade effective and with a date of rank  of
15 Oct 71.

On 4 Mar 72, the  applicant’s  commander  notified  him  that  he  was
recommending his discharge from the Air Force for unsuitability.   The
specific reasons for the discharge action were:

      a.    On 28 Feb 72, the  medical  evaluation  performed  by  the
Mental Health Department diagnosed  him  as  having  a  character  and
behavior disorder.

      b.    On 28 Dec 71, he received  an  Article  15  for  absenting
himself from his organization without authority.

      c.    On 5 Jan 72, he received an Article 15 for failure  to  go
at the time prescribed to his appointed place of duty.

      d.    On 7 Feb 72, he received an Article 15 for failure  to  go
at the time prescribed to his appointed place of duty.

His  commander  advised  him  of  his  rights  in  this  matter.    He
acknowledged receipt  of  the  notification  of  discharge  and  after
consulting with legal counsel waived his right to submit statements in
his own behalf.

On 6 Mar 72, the legal office reviewed the case and found  it  legally
sufficient to support separation  and  recommended  discharge  with  a
general discharge without probation and rehabilitation.

On 8 Mar 72,  the  discharge  authority  directed  discharge  with  a
general discharge without probation and rehabilitation.

On 9 Mar 72, he was separated from the  Air  Force.   He  served  six
months and eight days on active duty.  He had 47 days of lost time.

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

A copy of the FBI investigative report was forwarded to the  applicant
on 31 Jan 08, for review and comment within 30 days.  As of this date,
this office has received no response (Exhibit F).

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends the requested relief be  denied.   DPSOS  states
based on the documentation on file in the applicant’s master personnel
record;  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 discharge.

The complete AFPC/DPSOS evaluation is at Exhibit D.

AFPC/DPSD recommends the requested relief be denied.  DPSD  states  a
rating decision for the purpose  of  veteran’s  education  assistance
dated 8 Dec 72 reflects he had no psychiatric disorder that warranted
action under AFM 35-4.  He had  a  diagnosis  of  passive  aggressive
personality manifested by stubbornness, passive  obstructionism,  and
poor frustration tolerance.   Passive  aggressive  personality  is  a
constitutional and developmental
abnormality and not ratable.  Therefore, the member's  condition  did
not rise to a level to qualify for a medical discharge.

The complete AFPC/DPSD evaluation is at Exhibit E.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed  the  Air  Force  evaluations  and  states  his
discharge was based entirely on his mental  disability.   Although  he
did receive the Article 15s, he was scheduled  for  rehabilitation  up
until they decided to separate him from the Air Force.

The applicant's complete response is at Exhibit G.

___________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The  AFBCMR  Medical  Consultant  recommends  denial.    The   Medical
Consultant states the applicant was discharged due  to  an  unsuitable
medical condition which is not considered ratable or compensable under
current disability laws and policies.  When  a  medical  condition  of
this nature interferes with military  service,  the  case  is  managed
administratively, as outlined  under  the  applicable  regulations  or
instructions.  The applicant's case was not eligible  for  a  referral
for a Medical Evaluation Board or a review by the Military  Disability
Evaluation System.

The AFBCMR Medical Consultant's complete evaluation is at Exhibit I.

___________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 9 May 08, a  copy  of  the  additional  Air  Force  evaluation  was
forwarded to the applicant for review and response within 30 days.  As
of this date, no response has been received by this office.

___________________________________________________________________

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, we agree with the opinion and recommendation of the Air Force
offices of primary responsibility and the  AFBCMR  Medical  Consultant
and adopt their rationale as the  basis  for  our  decision  that  the
applicant has failed to sustain  his  burden  of  proof  that  he  has
suffered either an error or an injustice.  Therefore, in  the  absence
of 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-
2007-02975 in Executive Session on 31 Mar 08 and 17 Jun 08  under  the
provisions of AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Mr. James G. Neighbors, Member
                       Ms. Janet I. Hassan, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2007-02975 was considered:

   Exhibit A.  DD Form 149, not dated, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  FBI Investigative Report.
   Exhibit D.  Letter, AFPC/DPSOS, dated 4 Dec 07.
   Exhibit E.  Letter, AFPC/DPSD, dated 6 Dec 07.
   Exhibit F.  Letter, SAF/MRBR, dated 11 Jan 08.
   Exhibit G.  Letter, Applicant, not dated, w/atchs.
   Exhibit H.  Letter, SAF/MRBC, dated 31 Jan 08.
   Exhibit I.  Letter, AFBCMR Medical Consultant, dated 6 May 08
   Exhibit J.  Letter, SAF/MRBR, dated 9 May 08.




                                        WAYNE R. GRACIE
                                        Panel Chair