RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03813

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.
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APPLICANT CONTENDS THAT:

He was unjustly discharged from the Air Force.

In support of his application, he submits a copy of his DD Form 293, Applicant for the Review of Discharge or Dismissal from the 
Armed Forces of the United States.

Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 21 Feb 80.  He was discharged under the provisions of AFR 39-12, (Misconduct - Fraudulent Enlistment) from the Air Force on 20 Nov 81 with a general (under honorable conditions) discharge.  He served 4 months and 1 day of total active duty service, which was non-creditable.  

On 12 Oct 81, the applicant’s commander notified him he was recommending him for a discharge for fraudulent entry into the Air Force.  The basis for the action was he fraudulently enlisted into the Air Force by deliberately omitting the fact he had previous military service in the Army from 26 May 79 to 26 Jul 79 and he also signed a statement that he had never been treated for mental illness in a hospital.  The applicant had in fact, been treated for a mental illness prior to and after entering duty in the Army.  The reason for his discharge from the Army was due to physical disability (EPTS) stemming from psychiatric problems.  He intentionally concealed his mental history and previous service to gain entry into the Air Force.  Applicant submitted a waiver of board hearing conditional upon receipt of an honorable discharge.  His commander and legal authorities recommend disapproval.  The discharge authority agreed and offered applicant an opportunity to submit an unconditional waiver.  While this discharge was processing, the member became a patient at USAF Hospital Sheppard from 17 Feb 81 to 4 Nov 81.  A medical board confirmed a diagnosis of paranoid schizophrenic on 12 May 81 and recommended a Physical Evaluation Board (PEB) and VA hospitalization for 30 days.  The unit commander advised the member his case was returned from the PEB recommending an administrative discharge for fraudulent enlistment.  On 15 Sep 81, Sheppard Mental Health Services advised by letter, member was mentally capable to understand the nature of the discharge proceedings and member admitted he had concealed his previous mental illness and prior service.  On 4 Nov 81, applicant unconditionally waived his rights to submit matters to a board.  The package was reviewed by the base legal office and found to be legally sufficient to support the discharge.  The Discharge Authority approved the separation and ordered a general (under honorable conditions) discharge and applicant was discharged on 20 Nov 81

On 2 May 90, the Air Force Discharge Review Board reviewed and denied the applicant’s request for discharge upgrade.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and states based upon the documentation in the file; they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting an upgrade of the discharge.  He has not filed a timely request.  

AFPC/DPPRS complete 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 10 Jan 03, for review and comment.  As of this date, no response has been received by this office.

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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 that failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of material error or injustice. Applicant’s contention is at odds with the facts provided by his record.  After deliberately omitting the fact he had previous military service in the Army, the applicant was discharged with a general (under honorable condition) discharge.  It appears that the responsible officials applied appropriate standards in effecting the discharge, and the applicant has not provided persuasive evidence that pertinent regulations were violated or that he was not afforded all the rights to which he was entitled. The applicant has failed to sustain his burden of demonstrating he suffered either an error or an injustice and we conclude that no basis exist to grant favorable action on his request.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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 02-03813 in Executive Session on 12 March 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 29 Nov 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, 20 Dec 02.
	Exhibit D.	Letter, SAF/MRBR, dated 10 Jan 03.