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AF | BCMR | CY2011 | BC-2011-00891
Original file (BC-2011-00891.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00891 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not experience symptoms of Schizophrenia prior to 
enlisting in the service or, upon testing at the time of entry. 
His symptoms began after he enlisted. 

 

In support of his appeal, the applicant provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of 
the United States; and, a copy of his DD Form 214, Report of 
Separation from Active Duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force effective 
30 January 1974 in the grade of airman basic. He served as an 
Aircraft Maintenance Specialist and was promoted to the grade of 
airman (E-2) effective 30 May 1974. 

 

On 23 May 1974, the applicant was given a Letter of Reprimand 
(LOR) for dereliction in the performance of his duties. On 
19 June 1974, he received Article 15 punishment for failure to go 
to his appointed place of duty on 4 July 1974. His punishment 
consisted of forfeiture of $50 pay per month for one month and a 
suspended 7-day period in correctional custody. On 23 July 1974, 
he was eliminated from his technical school course for 
prejudicial conduct. On 9 August 1974, he was found guilty in a 
Special Court-Martial for four specifications of failure to go at 
the time prescribed to his appointed place of duty without 
authority, in violation of Article 86 of the Uniform Code of 
Military Justice (UCMJ). He received punishment of reduction in 
grade to airman basic (E-1), forfeiture of $100 pay per month for 
three months, and 45 days hard labor. On 7 November 1974, the 


applicant received an LOR for failure to report to his appointed 
place of duty on 21 October 1974. On 8 November 1974, he 
received Article 15 punishment for dereliction in the performance 
of his duty on 22 October 1974. His punishment consisted of 
forfeiture of $50 pay per month for one month. 

 

On 29 November 1974, the applicant was placed into pre-trial 
confinement pending court-martial for possession of marijuana on 
27 November 1974. On 13 December 1974, he was formally informed 
of the possession charge, in addition to two additional charges 
of communicating a threat and disrespect to a commission officer. 

 

The applicant was subsequently evaluated by mental health 
personnel and found to have a character and behavior disorder 
which was best described as passive-aggressive with immature 
features. On 13 December 1974, he was found to be sane in a 
sanity hearing. 

 

On 24 December 1974, after consulting with counsel, the applicant 
requested discharge under the provisions of Air Force Manuel 39-
12, Paragraph 2-78, Section F, for the good of the service in 
lieu of court-martial. On 31 December 1974, his commander 
recommended the applicant’s request be approved. On 3 January 
1975, the Staff Judge Advocate found the case to be legally 
sufficient and recommended he be discharged with an undesirable 
discharge without probation or rehabilitation. 

 

On 2 January 1975, the discharge authority approved the 
applicant’s request for discharge and directed he be discharged 
with an undesirable characterization of service. 

 

On 8 January 1975, the applicant was discharged with an Under 
Other Than Honorable Conditions (UOTHC)) discharge in lieu of a 
trial by court-martial. He served 11 months and 2 days on active 
duty. 

 

On 20 October 1976, the Air Force Discharge Review Board (AFDRB) 
upgraded the applicant’s discharge characterization to general 
(under honorable conditions) under the reason of current policy 
and clemency. However, the AFDRB denied the applicant’s request 
to reenlist in the military. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report (Exhibit C). 

 

On 1 June 2011, the applicant was given an opportunity to submit 
comments about his post service activities and in response to the 
FBI Report (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 error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we find no evidence of an error or injustice 
that occurred in the discharge processing. We note the AFDRB 
upgraded his discharge based on current policy and clemency; 
however, in our opinion, based on the totality of the evidence 
provided, the upgrade approved by the AFDRB was proper and 
fitting, and further relief in the form of a medical discharge 
would not be appropriate. In view of the foregoing, we conclude 
that no basis exists 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 Docket Number BC-
2011-00891 in Executive Session on 20 October 2011, under the 
provisions of AFI 36-2603: 

 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-00891: 

 

Exhibit A. DD Form 149, dated 11 Oct 10. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. FBI Report. 

Exhibit D. Letter, AFBCMR, dated 1 Jun 11, w/atch. 

 

 

 

 

 

 Panel Chair 



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