RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00390
		INDEX NUMBER:  110.00

		COUNSEL:  DAV

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

His mother died during his second tour in Vietnam and this changed him all together.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 Aug 69, for a period of four years in the grade of airman basic.  His highest grade held was sergeant.

The record reflects the applicant received Article 15 punishment on 15 May 72, for being absent without authority (AWOL) from his organization on or about (o/a) 9 Apr 72 until o/a 18 Apr 72; failing to go at the time prescribed to his appointed place of duty o/a 18 Apr 72, and going from his appointed place of duty o/a 19 Apr 72.  Punishment imposed consisted of reduction to the grade of airman first class, forfeiture of $100, and restriction to the base for 60 days.

On 26 May 72, the squadron commander notified the applicant that he was recommending he be discharged from the Air Force for unsuitability based on a mental health evaluation, which indicated he had a character and behavior disorder, specifically diagnosed as a passive-aggressive personality, passive-aggressive type.

On 4 Jun 72, applicant acknowledged he had been interviewed and counseled regarding the discharge action and that he declined to present statements in his own behalf.  On 12 Jun 72, the group Staff Judge Advocate found the case file legally sufficient to support discharge from the Air Force with an under honorable conditions (general) discharge.  On 14 Jun 72, the discharge authority approved the separation and directed that the applicant be separated with an under honorable conditions (general) discharge.

Applicant was discharged on 17 Jun 72, in the grade of airman first class, under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program (unsuitability), and received an under honorable conditions (general) discharge.  He served on active duty for a period of     2 years, 9 months, and 26 days.

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

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial.  They stated, in part, that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  Additionally, the applicant provided no evidence or identified any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to the character of service.

A complete copy of the Air Force evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 Apr 04, the AFBCMR offered the applicant an opportunity to provide information pertaining to his activities since leaving the service.  The applicant responded with the following: a personal statement, certificates of recognition/training while in the Air Force and subsequent to his discharge, his mother’s death certificate, a letter from his therapist regarding his participation in the Opiate Substitution Program and a letter of character reference.

In response to the FBI report, applicant stated there were a lot of ups and downs in his life since his discharge.  However, he feels he served his country with honor.

Applicant’s complete responses are at Exhibit F.

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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 available evidence, the discharge appears to be in compliance with the governing regulations in effect at the time and we find no evidence to indicate that the applicant’s 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.  In addition, in view of the contents of the FBI Report of Investigation, we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency.  Therefore, based on the available evidence of record, we find no basis upon 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 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 BC‑2004-00390 in Executive Session on 24 June 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated.16 Feb 04
    Exhibit B.  Applicant's Master Personnel Records
    Exhibit C.  FBI Report of Investigation
    Exhibit D.  Letter, AFPC/DPPRS, dated 17 Mar 04
    Exhibit E.  Letter, SAF/MRBR, dated 19 Mar 04
    Exhibit F.  Letter, Applicant, dated 9 Feb 04

                                   Panel Chair