RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03230
		INDEX CODE:  A28.10

		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:

At the time of the decision to discharge him, he was under a great deal of stress.  He was also having trouble with his immaturity, which led to trouble with civilian authorities.

In support of his appeal, the applicant provided post-service documentation, to include supportive statements, and his separation document.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 17 Jul 73 for a period of six years in the grade airman basic.

On 22 Oct 75, the applicant’s commander notified him that he was initiating action against him with a view to effecting the applicant’s discharge for a character and behavior disorder.  The reasons for the action were:  a psychiatric evaluation had revealed that he had an immature personality, chronic, severe, which warranted his consideration for administrative elimination from the Air Force.  This was manifested by use of drugs, failure to follow rules, poor judgment, manipulative behavior, precipitating stress, minimal, and failure to get cross-training; the applicant admitted to the improper use of drugs in that he had been using spray paint for three years to get high; on 29 Sep 75, he failed to go at the time prescribed to his place of duty; on 12 Oct 75, he was charged by local civilian authorities with theft and butchering of beef; and, on 17 Oct 75, he was apprehended by local civilian authorities and charged with growing and cultivating a controlled substance (marijuana).  The applicant was advised that a general discharge would be recommended.

On 23 Oct 75, the evaluation officer advised the applicant of his rights, including his right to submit a rebuttal and make statements in his own behalf.  The applicant did not submit a statement of rebuttal to the discharge action.

On 23 Oct 75, the office of the Staff Judge Advocate found the discharge case file to be legally sufficient and recommended that the applicant be furnished a general discharge.

On 24 Oct 75, the discharge authority approved the discharge action and directed that the applicant be furnished a general discharge.

On 24 Oct 75, the applicant was discharged under the provisions of AFM 39-12 (Character and Behavior Disorder) and furnished a general discharge.  He was credited with two years, three months, and eight days of active service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided a copy of an investigation report, which is at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRSP recommended denial indicating that based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation, and was within the discretion of the discharge authority.  In AFPC/DPPRSP’s view, the applicant did not identify any errors or injustices that occurred in the discharge processing and did not provide any facts warranting an upgrade of his discharge.

A complete copy of the AFPC/DPPRSP evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response and additional documentary evidence which are attached at Exhibit F.

A copy of the FBI Report was forwarded to applicant on 18 Dec 03 for review and response.  As of this date, no response has been received by this office (Exhibit G).

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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 evidence of record indicates that the applicant was involuntarily discharged for a character and behavior disorder.  There is no indication in the evidence provided that the applicant’s discharge was improper or contrary to the provisions of the discharge directive under which it was effected.  We reviewed the post-service documentation provided by the applicant in support of his appeal.  However, due to its limited nature, we do not find the documentation sufficient to warrant favorable action based on clemency at this time.  In view of the above, we conclude that no basis exists to recommend favorable action on the applicant’s request that his general (under honorable conditions) discharge be upgraded to honorable.

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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-2003-03230 in Executive Session on 13 Jan 04, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2003-03230 was considered:

    Exhibit A.  DD Form 149, dated 5 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFPC/DPPRSP, dated 21 Oct 03.
    Exhibit E.  Letter, SAF/MRBR, dated 31 Oct 03.
    Exhibit F.  Letter, applicant, undated.
    Exhibit G.  Letter, AFBCMR, dated 18 Dec 03.