RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02709
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His honorable discharge for unsuitability, inadequate personality with paranoid features, be changed to a medical discharge.

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APPLICANT CONTENDS THAT:

He was honorably discharged in accordance with Air Force Manual (AFM) 39-12, Separation for Unsuitability, Unfitness, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, when he should have been medically discharged in accordance with AFM 35-4, Physical Evaluation for Retention, Retirement and Separation.  

In support of his appeal, the applicant has provided copies of pertinent excerpts from his Service Medical Record (SMR), a discharge certificate, a DD Form 214, Certificate of Release or Discharge from Active Duty, a discharge certificate, and a partial transcript from his Discharge Review Board (DRB).

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 19 August 1968.  On 18 January 1971, he reported for duty to McConnell AFB, Kansas.  His commander spoke with base mental health personnel and made the applicant an appointment to be evaluated.  On 30 April 1971, the applicant underwent a psychological evaluation and was determined to have an inadequate personality with paranoid features.  On 3 May 1971 his commander issued him an oral Article 15 for disrespect to a non-commissioned officer (NCO).  His commander eventually tried two times to deliver the Article 15, which included 14 days additional duty and 14 days restriction to base, but the applicant refused to accept it.  The applicant accepted the Article 15 on the third attempt.  His commander initiated discharge action under the provisions of AFM 39-12 (character and behavior disorder), and recommended a General, Under Honorable Conditions (UHC) discharge.  On advice of counsel, the applicant exercised his right to a board hearing to determine whether or not his commander was within his authority to discharge the applicant prior to the expiration of his first tour of service.  The board met on 20 and 21 May 1971.  The Board found that the applicant did have a character and behavior disorder, was not eligible for probation and rehabilitation (P&R), and was to be honorably discharged.  The case was deemed legally sufficient on 16 Jun 1971 and the applicant was honorably discharged effective 30 June 1971 after having served 2 years, 10 months, and 11 days.  

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AIR FORCE EVALUATION:

SAF/MRBR notified the applicant of the need for his Service Medical Record (SMR) in order to insure his application received as complete a review as possible prior to being presented to the AFBCMR.  MRBR queried the applicant on 3 September, 4 October, and 5 November 2004 for any information concerning the disposition of his SMR.  MRBR also queried the Department of Veteran’s Affairs (DVA) and the Records Management Center in St Louis, Missouri; all, to no avail.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 December 2004 for review and comment within 30 days.  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 an error or injustice. After a thorough review of the documentation provided in support of his appeal and the evidence of record, it is our opinion that given the circumstances surrounding his discharge from the Air Force, the discharge assigned to the applicant was proper and in compliance with the appropriate directives.  In regard to his request for a medical discharge, the applicant has provided no evidence that would lead us to believe that a physical condition existed at the time of his discharge that warranted a finding of unfitness in accordance with the governing Air Force instructions, which implement the law. Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to grant the requested relief.

4.  Notwithstanding the aforementioned, in order to change what appears to be an overly harsh narrative reason for separation, when associated with an honorable discharge, we feel the applicant’s narrative reason for separation should be changed from unsuitability, inadequate personality with paranoid features to secretarial authority and his records be corrected to the extent indicated below.

5.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 30 June 1971, he was honorably discharged under the provisions of AFR 39-10, paragraph 1.2 (Secretarial Authority).  

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The following members of the Board considered this application in Executive Session on 8 March 2005, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 Aug 04, w/atchs. 
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, SAF/MIBR, dated 10 December 2004.

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2004-02709

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 30 June 1971, he was honorably discharged under the provisions of AFR 39-10, paragraph 1.2 (Secretarial Authority).