RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02676

		COUNSEL:  VFW

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

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THE APPLICANT CONTENDS THAT:

After returning from Vietnam, he encountered anti-war demonstrators, which greatly affected his ability to handle the stressors of military service, and requested to be discharged for the good of the service.

The applicant states that he contacted the base commander and requested to be discharged; however, the base commander wanted him to stay in.  Since he was at his wits end, he insulted the base commander and as a result, he was discharged with his service characterized as general.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 5 September 1968, the applicant enlisted in the Regular Air Force for a period of four years.

On 5 May 1971, he was placed on the Control Roster for a period of 90 days, which was not completed due to his Absence Without Leave (AWOL) and confinement.

On 11 May 1971, applicant received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for being AWOL from 21 April through 28 April 1971.  The punishment consisted of reduction to the grade of airman and forfeiture of $40.00 pay per month for two months.

He received two Letters of Reprimand (LORs) for failing to report for duty on 17 May and 8 June 1971.

He underwent a psychiatric evaluation at Portsmouth Naval Hospital on 16 May 1971 and was diagnosed as suffering from severe passive-aggressive personality.

He received another Article 15 on 18 June 1971 for failure to report for duty on 15 June and 16 June 1971.  The punishment consisted of restriction to Pease AFB and forfeiture of $25.00 pay per month for two months.

He was convicted of being AWOL from 28 June through 10 August 1971 by a Special Court-Martial on 31 August 1971.  The punishment consisted of confinement at hard labor for a month, forfeiture of $120.00 pay per month for three months, and reduction to the grade of airman basic.

He was removed from the Control Roster on 10 September 1971 when it was determined his separation was more appropriate.

On 15 September 1971, he was notified by the unit commander that administrative discharge action was being initiated against him under the provisions of AFM 39-12, Chapter 2, Section A, Paragraph 2-4b, because he had been diagnosed as possessing a character and behavior disorder of “passive-aggressive personality - severe.”  He consulted with military counsel and submitted a statement to the commander and evaluation officer, who determined that a General discharge, rather than a Honorable discharge, without probation and rehabilitation was warranted due to the five documented violations of Article 86 (AWOL) over the last six months.  He was not entitled to meet an administrative discharge board.

The discharge authority approved the discharge on 28 September 1971.

On 8 October 1971, he was discharged with serviced characterized as general (under honorable conditions).  He completed 3 years and 26 days of active service, which excludes 82 days of lost time (i.e., 50 days AWOL 21 - 28 Apr 71, 2 Jun - 4 Jun 71, and 28 Jun - 9 Aug 71, and 32 days confinement 10 Aug - 10 Sep 71).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, that based upon the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  In addition, the discharge was within the discretion of the discharge authority.  The applicant provided no facts warranting an upgrade of his discharge.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 20 September 2002 for review and response within 30 days.  However, as of this date, this office has received no response.

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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 thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice.  In this respect, we note that the discharge appears to be in compliance with the governing manual in effect at the time of his separation and we find no evidence to indicate that his separation from the Air Force was inappropriate.  We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe he has suffered from an injustice.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

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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.

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The following members of the Board considered Docket Number 02-02676 in Executive Session on 19 December 2002 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 11 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Sep 02.

                                   Vice Chair