RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-02385
                                        INDEX CODE:  110.02
      xxxxxxxxxxxxxxxx            COUNSEL:  NONE
                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under  other  than  honorable  conditions  (undesirable)  discharge  be
changed to honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force diagnosed him with a mental illness and he was  not  informed
or treated for this illness.  His records state he requested discharge  but
he does not remember doing so.

In support of his request, applicant provides a personal statement, a  copy
of his DD Form 214, correspondence to and from the Department  of  Veterans
Affairs (DVA) regarding his mental illness, character reference letters and
excerpts from his  master  personnel  records.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 May 72, the applicant enlisted in the Regular Air Force in  the  grade
of airman basic (E-1) for  a  period  of  4  years.   He  was  progressively
promoted to the grade of airman first class  (E-3),  effective  and  with  a
date of rank of 13 Mar 73.  He received  three  Airman  Performance  Reports
(APRs) closing 26 Apr 72, 13 Oct 73 and 6 Sep 74, in which he received 9,  8
and 9 ratings respectively.

On 15 Mar 74, he received a Letter of Reprimand for having a female  in  the
barracks.

On 27 Feb 74, the applicant was charged with unauthorized  use  of  opiates.
Source of identification was through a urinalysis test.

On 26 Oct 74, he was charged for wrongful appropriation of  a  container  of
perfume from the Base Exchange.   For  this  incident,  he  was  disciplined
under Article 15 and was ordered to perform 14 extra days  of  duty  and  to
forfeit $50 of his pay.

On 18 Nov  74,  the  base  psychiatrist  found  the  applicant  to  have  an
antisocial personality, exhibited  through  habitual  patterns  of  behavior
that  interfere  with  adequate  adjustment  and  cause  conflict  with  the
environment.  On 16 Jan 75, he met a Sanity Board which found the  applicant
was not insane but was immature and had a passive-aggressive and  antisocial
personality.

On 10 Dec 74, court-martial charges were  preferred  against  the  applicant
alleging that on 15 Nov 74 he stole four boxes of  cigars  and  later  eight
boxes of cigars.  On 16 Dec 74, an additional charge was preferred  alleging
that he failed to obey a lawful order  by  his  squadron  commander  not  to
enter any Exchange facility.  On 21 Jan 75, a second additional  charge  was
preferred alleging absence without leave from 17 Jan 75 until 21 Jan 75.

On 23 Jan 75, the  applicant  and  his  counsel  submitted  a  request  for
discharge for  the  good  of  the  service.   They  indicated  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 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 13 Feb 75, the discharge authority approved the applicant's  request  for
discharge and directed the  applicant  be  discharged  with  an  undesirable
discharge without probation and rehabilitation.  He  was  discharged  on  28
Feb 75.  He served 2 years and 9 months on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant states the applicant was diagnosed by competent
medical authority, with an Antisocial or  Sociopathic  Personality.   Under
such circumstances, the discharge authority had the option to involuntarily
discharge the applicant for an unsuiting mental disorder so  severe  as  to
interfere with his military service.  Based upon  the  available  evidence,
currently and at the time of the applicant's discharge,  the  BCMR  Medical
Consultant finds no procedural errors or injustice in the actions taken  by
the discharge authority in the characterization of the applicant's service.
 However, in view of the applicant's otherwise superior  duty  performance,
the Board may consider  alternatively  offering  the  applicant  a  general
discharge.  The complete BCMR Medical Consultant evaluation is  at  Exhibit
C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Pursuant to the Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, provided a copy of an Investigative  Report,  which  is  at
Exhibit C.  On 2 Oct 08, the applicant responded by stating he was sick and
insane and did not know what he was doing.  He has a chemical imbalance  in
his brain which has gone untreated and does not allow  him  to  know  right
from wrong or have respect for legal authorities.  The applicant's complete
letter, with attachments, is at Exhibit E.

A copy of the Air Force evaluation was forwarded to the applicant on  3  Oct
08 for review and comment  within  30  days.   The  applicant  responded  by
reiterating he is mentally ill and  was  diagnosed  with  a  mental  illness
while in the Air Force but was not treated. The applicant submits a copy  of
his recent psychiatric evaluation.  The applicant's  complete  letter,  with
attachment, is at 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.  Sufficient relevant evidence has been presented to  warrant  an  upgrade
of the  applicant’s  discharge.   In  this  regard,  no  evidence  has  been
presented which would lead us  to  believe  the  applicant’s  discharge  was
improper  or  contrary  to  the  directive  under  which  it  was  effected.
However, we note that the BCMR Medical Consultant recommends clemency  based
on his otherwise superior duty performance.  We note  that  the  applicant's
performance reports during the three reporting periods  predating  his  last
offense were all "firewall 9's" and his job performance  was  considered  of
the highest caliber.  Therefore, we are of the opinion  that  upgrading  the
applicant’s discharge to general  (under  honorable  conditions),  based  on
clemency  would  be  appropriate.   Applicant’s  request  for  an  honorable
discharge was considered; however, we do  not  believe  the  overall  record
supports further upgrade.  Therefore, we recommend the  applicant's  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  28  February  1975,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

________________________________________________________________

The following members of the Board considered Docket  Number  BC-2008-02385
in Executive Session on 18 Nov 08 under the provisions of AFI 36-2603:

                 Mr.  Gregory A. Parker Panel Chair
                 Ms.  Karen A. Holloman, Member
                 Mr.  Jeffery R. Shelton, Member

All members voted to correct the  record  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket  Number   BC-2008-02385   was
considered:

 Exhibit A.  DD Form 149, dated 17 Jun 08, w/atchs.
 Exhibit B.  Applicant's Master Personnel Records.
 Exhibit C.  FBI Investigative Report, dated 29 Jul 08.
 Exhibit D.  Letter, BCMR Medical Consultant, dated 2 Oct 08.
 Exhibit E.  Letter, AFBCMR, dated 18 Sep 08.
 Exhibit F.  Letter, Applicant, dated 2 Oct 08, w/atchs.
 Exhibit G.  Letter, SAF/MRBR, dated 3 Oct 08.
 Exhibit H.  Letter, Applicant, dated 14 Oct 08, w/atch.



            GREGORY A. PARKER
            Panel Chair

AFBCMR BC-2008-02385



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 xxxxxxxxxxxxxxxxxx, be corrected to show that on 28 February
1975, he was discharged with service characterized as general (under
honorable conditions).




                                                   JOE G. LINEBERGER
                                                   Director
                                        Air Force Review Board Agency