RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01065
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be
upgraded to an honorable.
2. His narrative reason for separation (Unsuitability-
Personality Disorder) and separation code HMB be changed.
3. His reentry code 2B (separated with a general or under
other than honorable conditions (UOTHC) discharge) be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served his country in the Air Force honorably for over
11 years. He was discharged for being falsely accused of a crime
he did not commit.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active Duty
and a letter from his Veterans Claims Officer.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 26 February
1971.
On 17 June 1982, the applicant was notified by his commander of
his intent to recommend that he be discharged from the Air Force
under the provisions of AFM 39-12, paragraph 2-4b. The specific
reason was Unsuitability - Personality Disorder.
He was advised of his rights in this matter and acknowledged
receipt of the notification. After consulting with counsel, the
applicant waived his right to a hearing before an administrative
discharge board and elected not to submit statements in his own
behalf.
In a legal review of the case file, the staff judge advocate
found the case legally sufficient and recommended discharge. On
19 July 1982, the discharge authority concurred with the
recommendations and directed a general discharge. The applicant
was discharged on 26 July 1982. He served 11 years, 5 months and
1 day on active duty.
On 2 November 1991, the Air Force Discharge Review Board (AFDRB)
considered and denied the applicants request that his general
(under honorable conditions) discharge be upgraded to an
honorable discharge (Exhibit B).
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, was unable to
identify with an arrest record on the basis of information
furnished, dated 6 April 2010.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial. The Medical
Consultant acknowledges that Personality Disorders, of a non-
organic cause, are developmental in origin and would more
commonly have manifested earlier. However, the Medical
Consultant finds no basis to refute the findings of the
credentialed mental health provider who determined through
numerous evaluations and testing, that the applicants pattern of
behavior was indeed maladaptive in nature. When such a condition
significantly interferes with a members ability to perform
military service, discharge authorities are empowered to initiate
an involuntary separation action.
The Medical Consultant opines the applicant has not met the
burden of proof of an error or injustice that warrants the
desired change of record.
The AFBCMR Medical Consultants complete evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 December 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
_________________________________________________________________
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 injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the AFBCMR Medical Consultant and adopt his
rationale as the basis for our conclusion the applicant has
failed to sustain his burden of proof of the existence of an
error or injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2010-01065 in Executive Session on 10 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01065 was considered:
Exhibit A. DD Form 149, dated 11 March 2010, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant,
dated 3 December 2010.
Exhibit D. Letter, SAF/MRBR, dated 7 December 2010.
Panel Chair
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