RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01209
            INDEX CODE:  111.02
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The reason for his separation be changed to a medical discharge.

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APPLICANT CONTENDS THAT:

His psychological review was improper  and  he  did  not  have  the  proper
representation during his  rushed  trial.   He  was  not  able  to  provide
explanations and the board was biased.

His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 1 December 1965, the applicant entered the Regular Air Force.

On or about 2 March 1966, he  was  absent  from  his  organization  without
proper authority until on or about 20 May 1966.

On 1 July 1966, he  was  court-martialed  and  found  guilty  of  violating
Article 86, of the Uniform Code of Military Justice and sentenced  to  hard
labor confinement for five months, forfeiture of $60.00 per month for three
months and reduced to the grade of airman basic.

On 19 January 1967, he was  again  absent  from  his  organization  without
proper authority until 6 June 1967.

On 6 June 1967, he was apprehended by  civil  authorities  in  Spartanburg,
South Carolina.

On 21 June 1967, the convening authority referred charges for  trial  by  a
Special Court Martial.

On 22 June 1967, the applicant and his counsel signed a  document  entitled
“Request for Discharge for Good of the Service” which indicates their joint
understanding that the request for discharge, if approved, could result  in
an undesirable discharge and that he had been afforded the  opportunity  of
counseling with  counsel  regarding  the  advisability  of  submitting  the
request for discharge.  His counsel signed a portion of the letter  stating
it was the applicant’s decision and he was fully counseled and  advised  of
his rights.

On 31 July 1967 his discharge request was found to be legally sufficient.

On 3 August 1967, his request for discharge was approved.

On 11 August 1967, he was discharged under other than honorable  conditions
in the grade of airman basic.

He served a total of one year, one month and five days on active duty.

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AIR FORCE EVALUATION:


The BCMR Medical Consultant  recommends  denial.   The  Medical  Consultant
states based upon the administrative and medical evidence available in  the
record he finds no evidence of an error or injustice in  the  determination
of the applicant's reason for discharge or in the characterization  of  his
military service and no evidence that he was not afforded  the  opportunity
to present matters in his own behalf, as shown by the letter of request for
discharge under his signature dated 22 June 1967.  The  Medical  Consultant
finds no basis upon which to  justify  invalidation  of  his  psychological
assessment or question the quality of his legal counsel.





It is noteworthy, however, that he had shown signs of  maladaptive  pattern
of behavior early following his acceptance into  active  military  service.
Although he had been ultimately diagnosed with  an  "immature  personality"
and a “character and behavior disorder" neither of these  conditions  would
constitute a medical basis for discharge.   Had  a  psychiatric  evaluation
been conducted following his initial act of AWOL (2 March 1966  through  20
May 1966), more likely than not, he would have been considered unsuited for
military service and involuntarily separated sooner.  Consequently,  absent
evidence of an Axis I psychiatric diagnosis or other medical condition that
would otherwise render him eligible for a  medical  evaluation  board,  the
Medical Consultant finds no objective basis upon which to justify  changing
the record to reflect a medical basis for discharge.




The complete Medical Consultant evaluation is at Exhibit C.

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A copy of the Air Force evaluation was forwarded to  the  applicant  on  11
July 2008 for review and comment within 30 days.  As  of  this  date,  this
office has received no response (Exhibit C).

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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 timely filed.

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, we  do  not
find his uncorroborated assertions sufficiently persuasive to override  the
rationale provided by the BCMR Medical Consultant.   We  see  no  evidence,
which would lead us to believe that  at  the  time  of  his  separation,  a
physical condition existed that would have disqualified him from  worldwide
military service.  Therefore, we see no  reason  why  he  would  have  been
eligible for consideration by a medical evaluation board.   We  agree  with
the opinion and recommendation of the BCMR Medical Consultant and adopt his
rationale as the basis for our conclusion that the applicant has  not  been
the victim of an error or injustice.  In the absence of persuasive evidence
to the contrary, we find no 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.

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RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented did  not  demonstrate
the existence of 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.

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The following members of the Board considered AFBCMR Docket Number BC-2008-
01209 in Executive Session on 28 August 2008 under the provisions of AFI 36-
2603:

                 Mr.  Wallace F. Beard JR., Panel Chair
                 Ms.  Dee R. Reardon, Member
                 Ms.  Karen A. Holloman, Member

The following documentary evidence pertaining to AFBCMR Docket  Number  BC-
2008-01209 was considered:

 Exhibit A.  DD Form 149, dated 27 March 2008, w/atch.
 Exhibit B.  Applicant's Master Personnel Records.
 Exhibit C.  Letter, BCMR Medical Consultant, dated 3 July 2008.
 Exhibit D.  Letter, SAF/MRBR, dated 11 July 2008.



            WALLACE F. BEARD JR.,
            Panel Chair