RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02023
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He accepted the other than honorable conditions discharge due to a previously undiagnosed mental illness (Bipolar disorder) and the lack of competent counsel.

In support of his appeal, applicant submitted a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 30 Jan 59, and a Certificate of Military Service reflecting his honorable discharge from the Army on 14 Jun 56.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Prior to the period of service under review, the applicant served honorably in the US Army on active duty from 18 Mar 55 until his discharge on 14 Jun 56.  

Applicant enlisted in the Regular Air Force on 7 May 57 for a period of four years, in the grade of airman third class (A3C/E-2).  His grade at the time of discharge was airman basic (AB/E-1) with a date of rank of 3 Oct 57.  

On 31 Dec 57, applicant was convicted by Summary Court-Martial for being absent without leave (AWOL) from on or about (o/a) 6 Dec 57 until o/a 24 Dec 57.  He was restricted to the limits of the base for 15 days.

On 24 Jun 58, he was convicted by Summary Court-Martial for being AWOL from o/a 2 Jun 58 until o/a 17 Jun 58.  He was sentenced to confinement at hard labor (CHL) for one month and forfeiture of $40.

On or about 24 Jul 58, the applicant received an Article 15 for failure to go to his appointed place of duty.  His punishment consisted of seven days of extra duty.

On 26 Sep 58, he was convicted by Summary Court-Martial for failure to go to his appointed place of duty.  He was sentenced to CHL for 30 days and forfeiture of $20.

On 5 Jan 59, applicant was convicted by Summary Court-Martial for being AWOL from o/a 5 Dec 58 until o/a 19 Dec 58.  He was sentenced to CHL for 30 days and forfeiture of $40.

On 8 Jan 59, applicant received a medical evaluation stating he had no physical or mental conditions warranting separation under the provisions of AFM 35-4.

On 12 Jan 59, the commander initiated administrative discharge action against the applicant for unfitness, stating that the applicant was considered unfit for continued service in the Air Force due to the reasons as listed above.  

On that same date, applicant acknowledged receipt of the administrative discharge action and waived his entitlement to appear before a board of officers and requested discharge in lieu of board proceedings.  He further acknowledged that he understood that if his application was approved, that his separation could be under conditions other than honorable and that he could receive an undesirable discharge, and that this may deprive him of rights as a veteran under both federal and state legislation.

On 15 Jan 59, the deputy commander recommended the applicant be discharged and indicated the staff judge advocate found the case legally sufficient to support discharge.

On 20 Jan 59, the discharge authority approved an undesirable discharge and directed that the applicant be issued a DD Form 258AF, “Undesirable Discharge Certificate.”  On 30 Jan 59, applicant was discharged under the provisions of AFR 39-17, with service characterized as under other than honorable conditions.  He was credited with 1 year, 4 months, and 18 days of active duty service (excludes 126 days lost time due to being AWOL, extra duty and confinement).

The remaining relevant facts pertaining to the applicant’s medical condition while on active duty are contained in the AFBCMR Medical Consultant’s evaluation at Exhibit C.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this application and recommended denial.  Prior to discharge the applicant was referred for and underwent medical evaluation that included an assessment of his mental state on 7 Jan 59, resulting in a finding of no evidence of medical or mental disorders.

Applicant was administratively discharged for misconduct.  He states that post-service, he was diagnosed with Bipolar Disorder and contends undiagnosed Bipolar Disorder caused the behavior leading up to his discharge.  There is no evidence in the service medical record that indicates the applicant was manifesting signs or symptoms of mental illness.  Regardless, individuals with psychiatric conditions are held accountable for their actions unless there is evidence the individual was legally insane at the time of their misconduct.  There is no evidence of mental illness of this severity.  The applicant was properly evaluated for evidence of mental illness at the time of his discharge and none was found.  Action and disposition in this case are proper and reflect compliance with Air Force directives that implement the law.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Dec 03 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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.  The discharge appears to be in compliance with the governing regulation 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 AFBCMR Docket Number BC-2003-02023 in Executive Session on 21 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jul 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Medical Consultant, dated 24 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.