RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02971
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been treated for bipolar disorder at Johns Hopkins
Hospital since 1971 and it was determined that he was born with
this disease. Undesirable behavior is a result of this disease.
He served his country for 1 year, 7 months, and 10 days and
received the National Defense Service Medal (NDSM). He truly
believes that his discharge should be changed. If the Board
needs a letter from his doctor, he can get it. He discovered
this injustice when applying for Veterans Affairs (VA) benefits.
In support of his request, the applicant provides a copy of his
DD Form 214, Report of Separation from the Armed Forces of the
United States, and a copy of a letter from the National Personnel
Records Center (NPRC).
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 24 Feb 53. The
applicants commander recommended him for discharge under AFR 39-
17 for unfitness with regard to his duties and off-duty conduct.
Additional pertinent information: The applicant was in the
service on a waiver for fraudulent enlistment (concealment of
conviction by civil authorities) granted by his commander. The
staff judge advocate found the case legally sufficient and the
discharge authority directed he be discharged with an undesirable
discharge on 8 Dec 54 after serving 1 year, 7 months and 10 days
on active duty.
On 25 Feb 58, the Air Force Discharge Review Board (AFDRB)
reviewed his appeal to be granted an upgrade to his discharge and
a waiver to permit reenlistment; however, the AFDRB denied his
request.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 9 Mar 12, a copy of the FBI report was
forwarded to the applicant for review and comment within 30 days.
As of this date, no response has been received by this office.
On 9 Mar 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. In response to our request, applicant provided
post-service information, which is attached at Exhibit D.
_________________________________________________________________
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. After careful
consideration of the available evidence, we found no indication
the actions taken to effect his discharge were improper or
contrary to the provisions of the governing regulations in effect
at the time, or the actions taken against the applicant were
based on factors other than his own misconduct. In addition, in
view of the contents of the FBI Identification Record we are not
persuaded that the characterization of the applicants discharge
warrants an upgrade based on clemency. Having found no error or
injustice with regard to the actions that occurred while the
applicant was a military member, we conclude that no basis exists
to grant favorable action on his request. Therefore, based on
the available evidence of record, we find no basis upon which to
favorably consider 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 AFBCMR Docket
Number BC-2011-02971 in Executive Session on 17 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 9 Mar 12.
Panel Chair
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