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 applicants 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
applicants 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 applicants discharge characterization to general
(under honorable conditions) under the reason of current policy
and clemency. However, the AFDRB denied the applicants request
to reenlist in the military.
Pursuant to the Boards 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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