RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00406
		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:

He had previously served three years and six months honorably.  He served honorably for ten months of his last enlistment and does not want or deserve that record to be tainted.

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 from 27 Aug 54 until his discharge on 5 Feb 58.  He was promoted to the grade of airman second class with an effective date and date of rank of 18 Oct 57.

On 6 Feb 58, he reenlisted in the Air Force for a period of six years in the grade of airman second class.  Applicant received a character and efficiency rating of poor.

On 15 Oct 58, applicant’s unit commander requested a psychiatric evaluation on the grounds that applicant had been in trouble frequently since being stationed at the base.  On 23 Oct 58, the psychiatry evaluation rendered a diagnostic impression of passive-aggressive reaction, chronic, moderate, manifested by obstructionism and purposeful violation of the military code under inadequate guises.  Predisposition was described as mild.  His impairment was described as moderate.  Line of Duty determination was listed as no and that his condition existed prior to service (EPTS).  

On 10 Nov 58, applicant was convicted by Summary Court-Martial for failure to repair.  His punishment consisted of reduction to the grade of airman third class and forfeiture of $25.  

On 19 Nov 58, applicant received a medical evaluation stating he had no physical or mental conditions warranting separation under the provisions of AFM 35-4.

On 8 Dec 58, the commander initiated administrative discharge action against the applicant for unsuitability, stating the applicant was a passive-aggressive type who committed offenses against the military system for no reason at all.  He consistently reported for work late and left his place of duty without proper authorization and failed to notify anyone that he was leaving.  The specific reason for the discharge was based on the medical diagnosis and summary court-martial cited 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, his separation would be under honorable conditions (general).

On 10 Dec 58, the group commander recommended the applicant be discharged.

On 23 Dec 58, the discharge authority approved a general discharge and directed that the applicant be issued a DD Form 257AF, “General Discharge.”  On 31 Dec 58, applicant was discharged under the provisions of AFR 39-16, with service characterized as under honorable conditions.  He was credited with a total of 4 years, 4 months, and 4 days of active duty service.

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

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended his request be denied.  They found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They also noted that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and that he provided no other facts warranting an upgrade of the discharge.  

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 26 Mar 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

On 26 Apr 04, a copy of the FBI report was forwarded to the applicant for comment.  At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F).  As of this date, no response has been received by this office.

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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-2004-00406 in Executive Session on 10 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Dec 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 23 Mar 04.
    Exhibit E.  Letter, SAF/MRBR, dated 26 Mar 04.
    Exhibit F.  Letter, AFBCMR, dated 26 Apr 04, w/atchs.

                                   Panel Chair