RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00031 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her under other than honorable discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: She was discharged for Passive Aggressive Disorder. Her behavior was erratic and impulsive but that was due to a chemical imbalance. She has recently been diagnosed as Bi-Polar with Impulse Control Disorder. She should have been treated for her illness instead of punished. She has been seeking treatment for the past 30 years and is finally on medication that is making her better. In support of her appeal, the applicant provides a copy of her psychiatric evaluation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 27 July 1978. On 26 February 1979 the applicant was diagnosed with Passive- Aggressive Personality. Her prognosis for continued military service was poor and it was recommended she be administratively separated from the Air Force. Charges were preferred against the applicant on 13 April 1979 for attempting to procure fraudulent separation, making a false official statement to laboratory personnel and making a false official statement to a non-commissioned officer, in violation of Articles 80, 81, and 107 of the Uniform Code of Military Justice. On 20 April 1979, through her defense counsel; she submitted a request for discharge for the good of the service, in lieu of a court-martial. On 23 April 1979, her commander recommended her request be approved stating her duty performance had been below Air Force standards. Her request was approved on 25 April 1979, and she was discharged from the Air Force with an under other than honorable discharge, under the provisions of Air Force Manual 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program. She was credited with serving 1 year, 1 month and 16 days on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia provided a copy of an investigation report (Exhibit C). On 14 June 2011, the FBI investigation and a request for post- service information were forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred during the discharge process. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence, which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, or unduly harsh. We considered upgrading the discharge based on clemency; however, there was no evidence submitted to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number 2011-00031 in Executive Session on 7 July 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Jan 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Investigative Report. Exhibit D. Letter, SAF/MRBC, dated 14 Jun 11. Panel Chair