RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  03-03587
							INDEX CODE:  110.02
							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:

While he was in the Air Force he was influenced by alcohol.  Since his discharge he has turned his life around.  Since 1985 he has been an emergency medical technician and is proud to serve his community.  He assisted the firefighters and construction workers that came back from ground zero.  His daughter and son-in-law call him a hero.  His service to the community is a debt he owes to his country and family.  He works constantly to help others and is grateful to have made a difference in other peoples’ lives.  He would be extremely honored to have his request granted.  

In support of his request, he submits a personal statement, and a copy of his DD Form 214.  The applicant’s submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

On 23 July 1981, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  He was progressively promoted to the grade of airman first class (E-3), with a date of rank of 13 February 1982.  He was reduced to the grade of airman (E-2), with a date of rank of 27 July 1982, (vacation of suspension).  He received two Airman Performance Reports closing 10 April 1982 and 23 September 1982, in which the overall evaluations were 6 and 4, respectively.

On 1 April 1982, he received a letter of reprimand for failure to comply with the established standards for upkeep of his dormitory room.

On 11 June 1982, he received a letter of counseling for failure to remain on duty.

On 21 June 1982, he received a letter of counseling for failure to secure his building upon departing for the weekend.

On 21 June 1982, he received a letter of counseling for failure to install an antenna.

On 25 June 1982, he was charged with failure to obey a lawful order from his superior noncommissioned officer to put an antenna in an aircraft and fix the FM write-up on an aircraft.  For this incident, punishment under Article 15, Uniform Code of Military Justice (UCMJ), was imposed.  He received a suspended reduction to airman and $50 forfeiture of his pay.  On 21 July 1982, the suspended action was vacated for failure to replace broken wires in the FM 622A Radio.  As a result, he was reduced to the grade of airman.

On 2 September 1982, the Chief, Mental Health Services, XXXX AFB, SC, performed a psychiatric evaluation on the applicant.  After psychiatric and psychological examinations, the examiner stated the applicant was indicative of a personality disorder with schizoid, passive aggressive and depressive feature.  The recommendation in regard to his elimination from service was left to the unit to which he was assigned.  

On 24 September 1982, the applicant’s commander initiated discharge proceedings against him under the provisions of AFM 39-12, paragraph 2-4b, personality disorder.  The applicant was notified of his commander’s recommendation and that a general discharge was being recommended.  He was advised of his rights in the matter.  On 18 October 1982, an evaluation of the case file was conducted.  Following his review of the record and an interview with the applicant, the evaluation officer recommended a general discharge and stated that the applicant was unsuitable for further military service and not a suitable candidate for rehabilitation.  The applicant elected to submit statements in his own behalf.  In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended that the applicant be discharged from the Air Force with a general discharge as recommended by the evaluation officer.  On 26 October 1982, the discharge authority directed that the applicant be discharged from the Air Force under the provisions of AFM 39-12, Section A, for personality disorder.  The applicant was discharged on 28 October 1982 with a general (under honorable conditions) discharge.  He served 1 year, 8 months and 16 days on active duty.

Pursuant to the Board’s request, the FBI provided a copy of an Investigative Report, No. 601666B, which is at Exhibit E.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that based upon the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  DPPRS further states that the applicant has not provided any new evidence or identified any errors or injustices that occurred in the discharge processing.

The DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 December 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and comment.  On 13 January 2004, a letter was forwarded to applicant suggesting that the applicant consider providing evidence pertaining to his post-service activities.  On 20 January 2004, a copy of the FBI report was forwarded to the applicant for review and comment.  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 careful consideration of the applicant’s request and the available evidence of record, we see no evidence that would warrant an upgrade of his characterization of service.  Other than his own assertions, the applicant has provided no evidence that would lead us to believe the actions taken to effect his discharge were improper, or that the information in his discharge case file is erroneous.  In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency.  In view of the above and in the absence of evidence by the applicant showing the information provided in the FBI report is incorrect, we find no basis on which to favorably consider his request.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 in Executive Session on 12 February 2004 and 1 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 1 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
    Exhibit E.  FBI Report, dated 12 Jan 04.
    Exhibit F.  Letters, AFBCMR, dated 13 and 20 Jan 04.
    Exhibit G.  Letter, Applicant, undated, w/atchs.