RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2008-02385
							INDEX CODE:  110.02
							COUNSEL:  NONE
							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (undesirable) discharge be changed to honorable. 
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APPLICANT CONTENDS THAT:

The Air Force diagnosed him with a mental illness and he was not informed or treated for this illness.  His records state he requested discharge but he does not remember doing so.  

In support of his request, applicant provides a personal statement, a copy of his DD Form 214, correspondence to and from the Department of Veterans Affairs (DVA) regarding his mental illness, character reference letters and excerpts from his master personnel records.  The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

On 30 May 72, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  He was progressively promoted to the grade of airman first class (E-3), effective and with a date of rank of 13 Mar 73.  He received three Airman Performance Reports (APRs) closing 26 Apr 72, 13 Oct 73 and 6 Sep 74, in which he received 9, 8 and 9 ratings respectively.

On 15 Mar 74, he received a Letter of Reprimand for having a female in the barracks.

On 27 Feb 74, the applicant was charged with unauthorized use of opiates.  Source of identification was through a urinalysis test.   

On 26 Oct 74, he was charged for wrongful appropriation of a container of perfume from the Base Exchange.  For this incident, he was disciplined under Article 15 and was ordered to perform 14 extra days of duty and to forfeit $50 of his pay.  

On 18 Nov 74, the base psychiatrist found the applicant to have an antisocial personality, exhibited through habitual patterns of behavior that interfere with adequate adjustment and cause conflict with the environment.  On 16 Jan 75, he met a Sanity Board which found the applicant was not insane but was immature and had a passive-aggressive and antisocial personality.

On 10 Dec 74, court-martial charges were preferred against the applicant alleging that on 15 Nov 74 he stole four boxes of cigars and later eight boxes of cigars.  On 16 Dec 74, an additional charge was preferred alleging that he failed to obey a lawful order by his squadron commander not to enter any Exchange facility.  On 21 Jan 75, a second additional charge was preferred alleging absence without leave from 17 Jan 75 until 21 Jan 75.

On 23 Jan 75, the applicant and his counsel submitted a request for discharge for the good of the service.  They indicated their joint understanding that the request for discharge, if approved, could result in an undesirable discharge and that he had been afforded the opportunity of counseling with counsel regarding the request for discharge.  His counsel signed a portion of the letter stating it was the applicant’s decision and he was fully counseled and advised of his rights.  

On 13 Feb 75, the discharge authority approved the applicant's request for discharge and directed the applicant be discharged with an undesirable discharge without probation and rehabilitation.  He was discharged on 28 Feb 75.  He served 2 years and 9 months on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant states the applicant was diagnosed by competent medical authority, with an Antisocial or Sociopathic Personality.  Under such circumstances, the discharge authority had the option to involuntarily discharge the applicant for an unsuiting mental disorder so severe as to interfere with his military service.  Based upon the available evidence, currently and at the time of the applicant's discharge, the BCMR Medical Consultant finds no procedural errors or injustice in the actions taken by the discharge authority in the characterization of the applicant's service.  However, in view of the applicant's otherwise superior duty performance, the Board may consider alternatively offering the applicant a general discharge.  The complete BCMR Medical Consultant evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigative Report, which is at Exhibit C.  On 2 Oct 08, the applicant responded by stating he was sick and insane and did not know what he was doing.  He has a chemical imbalance in his brain which has gone untreated and does not allow him to know right from wrong or have respect for legal authorities.  The applicant's complete letter, with attachments, is at Exhibit E.  

A copy of the Air Force evaluation was forwarded to the applicant on 3 Oct 08 for review and comment within 30 days.  The applicant responded by reiterating he is mentally ill and was diagnosed with a mental illness while in the Air Force but was not treated. The applicant submits a copy of his recent psychiatric evaluation.  The applicant's complete letter, with attachment, is at 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.  Sufficient relevant evidence has been presented to warrant an upgrade of the applicant’s discharge.  In this regard, no evidence has been presented which would lead us to believe the applicant’s discharge was improper or contrary to the directive under which it was effected.  However, we note that the BCMR Medical Consultant recommends clemency based on his otherwise superior duty performance.  We note that the applicant's performance reports during the three reporting periods predating his last offense were all "firewall 9's" and his job performance was considered of the highest caliber.  Therefore, we are of the opinion that upgrading the applicant’s discharge to general (under honorable conditions), based on clemency would be appropriate.  Applicant’s request for an honorable discharge was considered; however, we do not believe the overall record supports further upgrade.  Therefore, we recommend the applicant's records be corrected to the extent indicated below.

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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 28 February 1975, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered Docket Number BC-2008-02385 in Executive Session on 18 Nov 08 under the provisions of AFI 36-2603:

			Panel Chair
			Member
Member

All members voted to correct the record as recommended.  The following documentary evidence pertaining to Docket Number BC-2008-02385 was considered:

 Exhibit A.  DD Form 149, dated 17 Jun 08, w/atchs.
 Exhibit B.  Applicant's Master Personnel Records.
 Exhibit C.  FBI Investigative Report, dated 29 Jul 08.
 Exhibit D.  Letter, BCMR Medical Consultant, dated 2 Oct 08.
 Exhibit E.  Letter, AFBCMR, dated 18 Sep 08.
 Exhibit F.  Letter, Applicant, dated 2 Oct 08, w/atchs.
 Exhibit G.  Letter, SAF/MRBR, dated 3 Oct 08.
 Exhibit H.  Letter, Applicant, dated 14 Oct 08, w/atch.

		
		Panel Chair

AFBCMR BC-2008-02385

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 28 February 1975, he was discharged with service characterized as general (under honorable conditions).

																								Director
							Air Force Review Board Agency