RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01736
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.
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APPLICANT CONTENDS THAT:

It has been over 30 years since his discharge from the Air Force.  He was young and naive at the time and accepted the discharge without question, unaware of what it really meant.  Since his discharge, he has completed college and medical school.

In support of his request, the applicant submits a personal statement.  The applicant’s complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 23 April 1970 for a period of four years.  He received two Airman Performance Report (APR) ratings in the grade of airman first class (E-3), in which the overall evaluations were “9.”  He was progressively promoted to the grade of sergeant (E-4), with an effective date and date of rank of 1 April 1972.

On 16 August 1972, the applicant received notification he was being recommended for discharge due to a character and behavior disorder diagnosed as passive-aggressive personality.  The reason for this action was the result of a 10 August 1972 psychiatric evaluation.  On 16 August 1972, the applicant acknowledged receipt of the notification.  Military legal counsel indicated the applicant was interviewed and counseled concerning his rights.  The applicant waived his right to a hearing before an administrative discharge board and declined to submit any written statements in his behalf.  The base legal office reviewed the case and found it legally sufficient to support separation.  On 28 August 1972, the discharge authority approved the recommended separation and directed that the applicant be issued a general discharge.

The applicant received a general discharge on 31 August 1972 under the provisions of AFM 39-12, Section A - Discharge for Unsuitability, Paragraph 2-4b (Character and Behavior Disorders).  He had completed a total of two years, four months and nine days and was serving in the grade of sergeant (E-4) at the time of discharge.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 20 July 2004, that, on the basis of data furnished, they are unable to locate an arrest record.
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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied.  DPPRS states that, based on the documentation in the applicant’s 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.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to his character of service.  The HQ AFPC/DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and is somewhat shocked to read all the items listed as to the reason he was released.  He certainly would not have accepted the discharge had he known what the reasons for his discharge were at the time.  He had assumed it was because he was angry for an order change and had words with the chief master sergeant.  The applicant’s complete submission is at Exhibit E.

Pursuant to the Board’s 14 July 2004 letter to the applicant regarding furnishing information on his activities since leaving the service (Exhibit F), he has provided a summary of his activities subsequent to his discharge.  In support of the applicant’s request, a character reference letter was submitted from the senior pastor of his church.  The applicant’s submission and character reference letter are at Exhibit G.
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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.  We have thoroughly reviewed the circumstances surrounding the applicant’s discharge and find no evidence to show the applicant’s discharge was erroneous or unjust.  Nevertheless, in view of the applicant’s successful transition to civilian life, as evidenced by the post-service documentation he has provided, we are of the opinion that upgrading the applicant’s discharge to honorable, based on clemency, would be appropriate.  Accordingly, we recommend that the applicant’s general discharge be upgraded to honorable.
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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 31 August 1972, he was honorably discharged and furnished an Honorable Discharge certificate.
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The following members of the Board considered this application in Executive Session on 30 September 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-01736.

   Exhibit A.  DD Form 149, dated 24 May 04, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 21 Jun 04.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
   Exhibit E.  Letter from Applicant, dated 29 Jun 04.
   Exhibit F.  Letter, AFBCMR, dated 14 Jul 04, w/atch.
   Exhibit G.  Letter from Applicant, undated, and a character
               reference letter, dated 11 Aug 04.

AFBCMR BC-2004-01736

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 31 August 1972, he was honorably discharged and furnished an Honorable Discharge certificate.