RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-02608 COUNSEL:	NONE
HEARING DESIRED:	NOT INDICATED

APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded.

APPLICANT CONTENDS THAT:
He had no disciplinary problems or issues at work and he never missed any duty. He suffered a head injury as a result of an accident on the flight line at    AFB.  He hit his head and went to sick call because he was unsteady and confused. He was sent to AFB, for further hospitalization. He does not know how long he was at AFB. He was later sent to  Hospital and discharged in January 1968. He was lead to believe a general discharge under honorable conditions was a respectable honorable discharge, but it is not.

Since his discharge, he is unable to get and retain a good job because of this discharge. One employer told him he would not be hired because of the general discharge and the code(s) in section 11(C) of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. He has tried to find out what this code meant but was told it was confidential. He has yet to find out the reason for his discharge because of the secret code. This discharge had ruined his life.

He contends enough time has passed and he is due an explanation for this unjustified and disgraceful action by the United States Air Force. Further, if he was so sick in the head and warranted an honorable discharge under general conditions, he contends he should have received some compensation for the 2 years  of honorable service in the Air Force.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
On 14 Dec 65, the applicant entered the Regular Air Force.
On 5 Dec 67, a medical statement summarized an evaluation of the applicant from 6 Oct 67 through 1 Nov 67. The final diagnosis was “emotionally unstable personality, severe; manifested by emotional lability, impulsive discharge of angry feelings, strong reactions to interpersonal experiences” and the recommendation was “[the applicant] should not have a security clearance and his diagnosis qualified him for administrative discharge under AFI 39-12.”

On 11 Jan 68, the applicant was notified of pending discharge actions.   The reasons for action included: failure to repair,
27 Sep 66 (official reprimand); Careless Driving Resulting in MVA
– 25 Nov 66 (Letter of Reprimand); AWOL – 26 Dec 67 (Article 15) with reduction in grade to Airman and 30 days restriction to base. Additionally, the notification of discharge also referenced the 5 Dec 67 mental health evaluation. The applicant acknowledged the notification the same day.

On 11 Jan 68, the applicant was recommended for discharge. The reasons for action included: failure to repair, 27 Sep  66 (official  reprimand);  Careless  Driving  Resulting  in  MVA  –
25 Nov 66 (Letter of Reprimand); AWOL – 26 Dec 67 (Article 15) with reduction in grade to Airman and 30 days restriction to base; Placement on Control Roster – 15 Jan 68. Additionally, discharge recommendation also referenced the 5 Dec 67 mental health evaluation.

On 12 Jan 68, a discharge evaluation officer reviewed the pending actions with the applicant. The applicant acknowledged his right to submit statements on his own behalf, but declined.

On 17 Jan 68, the discharge authority approved the General Discharge.

On 22 Jan 68, the applicant was furnished a discharge under honorable conditions, with a Separation Designator Number (SDN)
265 - “Unsuitability, character disorder” in block 11.C., and was credited with two years, one month, and two days of active service.

On 17 Jul 14, a request for post-service information was forwarded to the applicant for review and response within 30 days. As of this date, no response has been received by  this  office (Exhibit C).

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D.

AIR FORCE EVALUATION:
The AFBCMR Clinical Mental Health Consultant recommends denial indicating there is no evidence of an error or an injustice. The application and case documentation contain no objective evidence of member having sustained a head injury while on active duty. There is some claim to this effect, but this is made years following applicant’s departure from the Air Force.

It should also be noted the applicant’s personnel record contains a letter written by the applicant’s former probation officer, dated 28 Jan 66. The letter reports that the applicant had been adjudicated a Youthful Offender in Queens Criminal Court and had been placed on probation. During his probation he was found guilty of Assault in the 3rd degree (13 Sep 63). Also found in the personnel record are documents to suggest applicant had failed to report his criminal record in his initial enlistment paperwork and that a post-enlistment investigation and adjudication of his fitness for military service were required.

From a mental health perspective, the applicant’s efforts to claim his misconduct was somehow due to a head injury is not supported, especially in light of his documented record of antisocial activities prior to (and in obtaining) his enlistment. Therefore, this reviewer identified no evidence of injustice or inequity. It is recommended to deny the applicant’s request for upgrade of the characterization of his discharge.

A complete copy of the AFBCMR Clinical Mental Health Consultant evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 30 Sep 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office.

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 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 in the discharge processing. Based on the available  evidence  of  record,  it  appears  the  discharge  was
1.	

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, unduly harsh, or disproportionate to the offenses committed. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service are sufficiently meritorious to overcome the misconduct for which he was discharged. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

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.

THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 BC-2014-02608 in Executive Session on 19 Nov 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02608 was considered:

Exhibit A.	DD Form 149, dated 23 Jun 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, SAF/MRBR, dated 17 Jul 14.
Exhibit D.	Memorandum, SAF/MRBC, dated 28 Sep 15. Exhibit E.	Letter, SAF/MRBR, dated 30 Sep 15.