RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00084
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His narrative reason for separation (Unsuitability Character
and Behavior Disorders) be changed to a disability separation or
permanent disability retirement.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He did not receive a mental health evaluation or mental health
treatment prior to his discharge. While in the service he was
diagnosed by competent medical authority as having a passive-
aggressive personality - the same condition he is being treated
for now as well as being hospitalized in a psychiatric inpatient
unit.
In support of the applicants appeal, he provides Congressional
documentation, medical documentation, and documents extracted
from his military personnel records.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 November
1972.
The applicant was notified by his commander of his intent to
recommend his discharge from the Air Force under the provisions
of AFM 39-12. The specific reason is the applicant had been
diagnosed by competent medical authority as having a character
and behavior disorder best classified as passive aggressive
personality. This disorder had manifested itself in the
applicant being absent without leave (AWOL) from 6 May
1973 through 29 May 1973 and constant complaints of being ill
when in fact no ailment could be found.
He was advised of his rights in this matter and acknowledged
receipt of the notification. His case was heard by an
evaluation officer who indicated the applicant was unsuited for
further military service for the following reasons: 1) The
applicants inability to adjust and conform to military
standards; 2) his willingness to be AWOL and neglect his
assigned duties; 3) his failure to obey lawful orders from
superiors; 4) his lack of interest to participate and progress
in the upgrade and OJT programs; 5) the applicants desire to
not remain in the Air Force nor did he apply himself for
advancement under any career field; and 6) his passive
aggressive personality as determined by the medical profession
which makes his behavior unreliable and possibly dangerous. The
evaluation officer recommended the applicant be separated for
character behavior disorder best classified as passive
aggressive personality.
In a legal review of the case file, the staff judge advocate
found the case legally sufficient and recommended discharge.
The discharge authority concurred with the recommendation and
directed a general (under honorable conditions) discharge. The
applicant was discharged on 15 October 1973. He served 10
months and 16 days on active duty
On 11 June 1985, the Air Force Discharge Review Board (AFDRB)
considered and denied the applicants request that his general
discharge be upgraded to honorable and his narrative reason for
discharge (Unsuitability Character and Behavior Disorders) be
changed. The board concluded that the discharge was consistent
with the procedural and substantive requirements of the
discharge regulation and was within the discretion of the
discharge authority and that the applicant was provided full
administrative due process (Exhibit B).
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states the applicant did
not submit any evidence or identify any errors or injustices
that occurred in the discharge processing. He provided no facts
warranting a change to his reason and authority. Based on the
documentation on file in the master personnel records the
discharge to include the applicants reason and authority was
consistent with the procedural and substantive requirements of
the discharge Manuel and was within the discretion of the
discharge authority.
The DPSOR complete evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he believes the office of primary
responsibility has not been briefed on personality disorders.
He provides information on personality disorders for the Boards
review.
The applicants complete response, with attachments, is at
Exhibit E.
________________________________________________________________
_
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 find no evidence of an error or
injustice that occurred during the discharge process. Based on
the available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
The applicant has provided no evidence, which would lead us to
believe that his narrative reason for separation was contrary to
the provisions of the governing regulation. Therefore, we agree
with the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for
our conclusion that the applicant has not been the victim of an
error or injustice.
________________________________________________________________
_
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-2013-00084 in Executive Session on 12 September 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 November 2012, w/atchs.
Exhibit B. Applicants Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 26 March 2013.
Exhibit D. Letter, SAF/MRBR, dated 8 April 2013.
Exhibit E. Letter, Applicant, dated 5 September 2013,
w/atchs.
3
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