RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00369
                       INDEX CODE:  110.00
                       COUNSEL:  NONE
                       HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was unjustly discharged.  He was never court-martialed.  He was not
afforded an opportunity to explain the actions which led to his mental
breakdown.

In support of his appeal, applicant submitted a personal statement and
documents extracted from his military records.

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

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STATEMENT OF FACTS:

On 8 Feb 63, the applicant contracted his initial  enlistment  in  the
Regular Air Force.  He was progressively  promoted  to  the  grade  of
airman third class; however, he was demoted to  airman  basic  on  two
occasions, on 30 Jan 64 for being absent without leave (AWOL) and on 2
Nov 64 for being disorderly in station.

On  22  Oct  64,  the  applicant’s  commander  notified  him  he   was
recommending his discharge for unfitness.  The  specific  reasons  for
the discharge actions were:

      a.    Frequent involvement of a discreditable nature with  civil
and military authorities.

      b.    The applicant developed a pattern for shirking.

      c.    The applicant displayed habits  and  traits  of  character
warranting separation from the service for unfitness for such  reasons
as psychopathic personality disorder or defect and uncleanliness.

       d.     After  examining  the  applicant,  medical   authorities
recommended his discharge.

The applicant acknowledged receipt of the notification and waived  his
rights to consult with legal counsel and submit statements in his  own
behalf.

The  base  legal  office  reviewed  the  case  and  found  it  legally
sufficient to support separation and  recommended  separation  with  a
general discharge.

On 25 Nov 64,  the  discharge  authority  directed  discharge  with  a
general discharge without probation and rehabilitation.

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS states based on the documentation
in the military  personnel  records,  the  applicant’s  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  his  discharge
process.  He provided no facts to warrant a change in his discharge.

AFPC/DPSOS’ complete evaluation is at Exhibit C.

The  AFBCMR  Medical  Consultant  recommends  denial.    The   Medical
Consultant states that the applicant was discharged as a result  of  a
maladaptive pattern of behavior that was evident early  following  his
entry onto active duty, which likely existed prior to his  entry  into
military service.

The Medical Consultant further states the applicant has  been  granted
service connection and  disability  compensation  for  Post  Traumatic
Stress Disorder  (PTSD)  and  receives  a  pension  for  brain  damage
secondary to anoxia; resulting from multiple gunshot wounds  sustained
in 1995 in an attempted murder at the hand of his brother.   Based  on
the preponderance of medical evidence, the PTSD or  other  compensable
disorder did not cut short the applicant’s military career and  cannot
now justify an upgrade of his discharge.  The record reflects that the
applicant did not display evidence of  a  psychosis  or  other  mental
impairment that  prevented  him  from  distinguishing  the  difference
between right and wrong during his military service.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
8 Aug 08, for review and comment within 30 days.  As of this date,  no
response has been received by this office.

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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  error  or  injustice.   We  took  notice  of  the
applicant's complete submission in judging the merits of  the  case.
However, after thorough review of the evidence of record, it is  our
opinion that the  comments  of  the  Air  Force  office  of  primary
responsibility and the AFBCMR Medical Consultant  are  supported  by
the evidence of record.  We find no evidence of error in  this  case
and after thoroughly reviewing the applicant's submission, we do not
believe he has  suffered  from  an  injustice.   Therefore,  in  the
absence of persuasive evidence to the contrary,  we  find  no  basis
upon which to favorably consider this application.

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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-2008-00369 in Executive Session on 9 Oct 08 under the  provisions
of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Gregory A. Parker, Member
                 Ms. Lea Gallogly, Member

The following  documentary  evidence  pertaining  to  AFBCMR  Docket
Number BC-2007-00369 was considered:

      Exhibit A.  DD Form 149, dated 9 Dec 08 [sic], w/atchs.
      Exhibit B.  Applicant's Military Personnel Records.
      Exhibit C.  Letter, AFPC/DPSOS, dated 27 Feb 08.
      Exhibit D.  Letter, AFBCMR Medical Consultant, dated 6 Aug 08.
      Exhibit E.  Letter, SAF/MRBR, dated 8 Aug 08.




                                        JAMES W. RUSSELL III
                                        Panel Chair