RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-00726
							INDEX CODE:  110.00

							COUNSEL:  NONE

							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be changed to honorable.

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APPLICANT CONTENDS THAT:

When he told Dr. C--- in the Air Force that he was gay he was crying out for help.  In reality he was paranoid schizophrenia (he was given an undesirable discharge later upgraded to a general (under honorable conditions) discharge).

In support of the appeal, applicant submits a copy of his DD Form 293 and a copy of his medical evaluation and a copy of his DD Form 214.

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

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STATEMENT OF FACTS:

Applicant’s master personnel record (MPR) appears to have been destroyed or lost.  However, the following facts have been obtained from a copy of a separation document provided by the applicant.

Applicant enlisted in the Regular Air Force on 20 May 1964 at the age of 20 for a period of 4 years.

On 27 September 1965, while serving in the grade of airman third class, he was discharged from the Air Force with an under honorable conditions discharge in the provisions of Chapter 2, Section B, AFM 39-12, for unfitness.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report that is attached at Exhibit B.  On 22 July 2003, a copy of the Federal Bureau of Investigation (FBI) Report was forwarded to the applicant for review and response within 30 days.  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.  We note that there is no documentary evidence available relating to the reason(s) for the applicant’s separation.  Based on the presumption of regularity in governmental affairs and in the absence of evidence by the applicant showing the contrary, we assume that his discharge was proper and in accordance with the provisions of the discharge directive under which it was effected.  The only other basis by which the applicant could be afforded the relief he seeks would be as a form of clemency based on a successful post service adjustment.  Other than his own personal statement, the applicant has provided no evidence to substantiate that in the years since his separation, he has led a useful and productive life.  We also noted that the applicant was discharged in 1964 and that in 1989, information in the FBI report indicates that he was convicted in a civil court for the offenses of “simple assault” and communicating “terroristic threats.”  In view of the foregoing and in the absence of any documentary evidence pertaining to the quality of his service and the circumstances surrounding his separation, favorable consideration of the applicant’s request is not possible.

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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 this application, BC-2003-00726, in Executive Session on 30 October 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Jan 03, w/atchs.
	Exhibit B.  FBI Report.
	Exhibit C.  Ltr, AFBCMR, dtd 22 Jul 03.

							
							Panel Chair