RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00022
		INDEX NUMBER:  108.00; 131.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  Yes

MANDATORY CASE COMPLETION DATE:  3 Jul 06

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APPLICANT REQUESTS THAT:

It appears the applicant is questioning his rank at the time of his discharge and believes he is owed backpay.  He also requests he be granted a medical discharge.

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APPLICANT CONTENDS THAT:

He should have been medically discharged.  In support of his appeal, applicant provides a copy of his DD Form 214.

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

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STATEMENT OF FACTS:

The applicant entered active duty on 30 Jul 65 and was promoted up to the grade of airman first class (E-3).  On 20 Apr 68, the applicant’s commander notified him he was initiating discharge action against him under the provisions AFM 39-12, paragraph 2-4(b), “Conditions of Unsuitability,” “Personality Disorder.”  The reasons for the commander’s action were:

	  a.  The medical opinion that the applicant had a long-standing character and behavior disorder specifically diagnosed as passive aggressive personality manifested by insubordination, failure to repair, and intemperate use of alcohol.  It was further stated that counseling guidance, disciplinary action, and psychiatric treatment could not be reasonably expected to rehabilitate the applicant for further military duty.

	  b.  Applicant was fined $60.00 by civil authorities and given a letter of reprimand by his commander for disturbing the peace and resisting arrest.

	  c.  Applicant received an Article 15 on 29 Nov 66 for disobeying a direct order.  Punishment consisted of 14 days restriction and 14 days extra duty.

	  d.  Applicant received an Article 15 on 19 Mar 68 for drunk and disorderly conduct, using obscene and provoking speech and gestures towards a superior officer and on-duty security policemen.  Punishment consisted of forfeiture of $72.00 per month for two months, 30 days additional duty, and a suspended reduction to airman basic.

	  e.  Suspended reduction to airman basic vacated on 3 Apr 68 due to failure to repair.

	  f.  Received an Article 15 on 4 Apr 68 for failure to repair.  Punishment consisted of restriction to Base for a period of 30 days.

The commander recommended the applicant receive an honorable discharge.  The applicant acknowledged receipt on 20 Apr 68.  On 3 May 68, an evaluation officer interviewed the applicant and explained the nature of the discharge action being taken.  On   3 May 68, the applicant signed a statement certifying he had been interviewed and counseled regarding the discharge action and waived his right to submit a rebuttal.  On 11 May 68, the Base Commander directed the applicant be discharged and furnished an honorable discharge certificate.  The applicant was discharged on 15 May 68 with service characterized as honorable.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  Based on documentation in the applicant’s master personnel file, his discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  Applicant provided no facts warranting a change to his discharge.

The complete evaluation is at Exhibit C.

AFPC/DPPPWB addressed the issue of the applicant’s “rank and backpay.”  They recommend no corrections be made to the applicant’s grade at the time of his discharge as no error or injustice was discovered.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 29 Apr 05 for review and comment within 30 days.  To date, a response has not been received.

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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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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 Docket Number BC-2005-00022 in Executive Session on 15 June 2005, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS , dated 29 Mar 05.
    Exhibit D.  Memorandum, AFPC/DPPPWB, dated 19 Apr 05.
    Exhibit E.  Letter, SAF/MRBR, dated 29 Apr 05.

                                   
                                   Chair