RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01975
		
		COUNSEL: 
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 13 NOVEMBER 2007
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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to an honorable discharge.
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APPLICANT CONTENDS THAT:

He requests his discharge be upgraded to honorable in order to receive service connection for his heart.  

Applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 18 December 1970, as an airman basic (AB) for a period of four years.

On 7 October 1971, the applicant’s commander notified him that he was recommending him for discharge from the Air Force (AF) under the provisions of Air Force Manual (AFM) 39-12, Chapter 2, Section A, paragraph 2-4b, Character and Behavior Disorder.  The specific reasons for the discharge action were:

	a.	On 19 August 1971, the applicant received an Article 15 for failure to go to his appointed place of duty.  For this misconduct his punishment consisted of 14 days of extra duty and restriction to the base for 14 days.

	b.	On 2 September 1971, the applicant received an Article 15 for failure to obey a lawful order.  For this misconduct his punishment consisted of reduction to the grade of AB, forfeiture of $25.00 and restriction to the base for 14 days.

	c.	On 9 September 1971, the applicant was diagnosed by the Psychiatric Clinic as having a severe passive aggressive personality, which existed prior to service (EPTS).

	d.	On 23 September 1971, the applicant failed to report for duty.

The applicant was appointed an evaluation officer.  The evaluation officer conducted an interview with the applicant, reviewed the applicant’s records and comments by his commander, and recommended the applicant be discharged from the Air Force due to unsuitability with a general discharge without probation and rehabilitation.

After consulting with the evaluation officer the applicant elected not to submit statements in his own behalf.

On 22 October 1971, the staff judge advocate reviewed the case and found it legally sufficient to support separation and recommended the applicant receive a general discharge without probation and rehabilitation.

On 2 November 1971, the discharge authority directed the applicant be discharged with a general discharge.

Applicant was discharged on 3 November 1971.  He served a total of 10 months and 16 days on active duty.

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

On 16 July 2007, the Board staff requested the applicant provide documentation concerning his activities since leaving military service (Exhibit E).

On 18 July 2007, the Board staff forwarded the applicant a copy of his FBI report for review and comment within 30 days.  As of this date, no response has been received by this office (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 an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, the applicant has failed to sustain his burden of proof that he has suffered either an error or an injustice.  Based on the documentation in the applicant's records, and his apparent misconduct subsequent to military service as contained in his FBI investigative report, it appears that the processing of his service and the characterization of the discharge were appropriate and accomplished in accordance with Air Force regulations.  The applicant has not shown the characterization of his discharge was contrary to the provisions of applicable regulation.  Nor has he shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.	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 issues involved.  Therefore, the request for a hearing is not favorably considered.

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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-2007-01975 in Executive Session on 12 September 2007 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, 8 Jan 07
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Investigative Report.
	Exhibit D.	Extract AFM 39-12.
	Exhibit E.	Letter, AFBCMR, dated 16 Jul 07.
	Exhibit F.	Letter, AFBCMR, dated 18 Jul 07.