RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03911
						(Case 2)
		INDEX CODE:  110.00, 134.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

It appears he would like his military records corrected by removing all references of psychiatric evaluations.

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APPLICANT CONTENDS THAT:

His military records contain information that has been falsified.  His flight sergeant lied and withheld important information.  Due to his medical condition, he is having problems trying to decide right from wrong; however, he does remember his flight sergeant giving him some white pills.

In support of his request, the applicant submits two DD Forms 149 and a personal statement.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 17 March 1971 for a period of four years.  He was progressively promoted to the grade of airman, with an effective date and date of rank of 28 April 1971.  The applicant was recommended for discharge for unsuitability due to character and behavior disorders as evidenced by two psychiatric evaluations, dated 21 July 1971 and 28 July 1971.  After consulting with legal counsel, he waived his rights to a hearing before an administrative discharge board and did not submit statements in his own behalf.  The discharge authority approved the recommended separation and directed that the applicant be issued an honorable discharge.  On 27 August 1971, the applicant was honorably discharged under the provisions of AFM 39-12 (unsuitability-character-behavior disorder).  He had completed a total of 5 months and 11 days and was serving in the grade of airman at the time of discharge.

Applicant's request for upgrade of his RE code was denied by the Air Force Discharge Review Board (AFDRB) on 8 August 1975.

On 10 November 1975, the applicant was notified that the AFBCMR considered and denied his request for correction of his reenlistment eligibility (RE) code, Docket Number SAFCB 75-3887 (refer to Exhibit C).

On 10 March 2003, the AFBCMR considered and denied the applicant's request for reinstatement to active duty.  A copy of the ROP, Docket Number 02-02800, is at Exhibit D.

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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.  His contentions are duly noted.  However, we note that prior to his separation from the Air Force, his mental health evaluations showed marked degrees of character and behavior disorder of a passive aggressive type.  The reason the applicant was recommended for discharge for unsuitability was due to character and behavior disorders as evidenced by the reports of his psychiatric evaluation.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's discharge was proper and in compliance with appropriate directives.  Therefore, based on the available evidence of record, we find no reason to expunge references of psychiatric evaluations from his military records since they are a vital part of his discharge record.  In view of the foregoing, 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 this application in Executive Session on 7 April 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-03911.

   Exhibit A.  DD Form 149, dated 14 Dec 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, SAFCB, dated 10 Nov 75.
   Exhibit D.  ROP, Docket Number 02-02800, w/exhibits.