RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03587 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was 21 years old and felt he was in love with someone he met when he returned from overseas. While on leave he was “jilted” by his fiancé and became despondent and unable to carry out his duties. He has been embarrassed by this episode of his life and never wants his children to know of his discharge. He loved the Air Force and considered re-enlisting but this all changed because of his home situation. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 15 Jan 58 for a four-year period. Records indicate that on 18 Jun 60, by his request, he was seen by a psychiatrist who recommended discharge. On 15 Jul 60, he was given a psychiatric evaluation for discharge which revealed he was able to distinguish between right and wrong and to adhere to the right and that he had the mental capacity to understand the nature and probable consequences of his acts. He was diagnosed with passive dependency reaction, chronic, severe, manifested by manipulative behavior, crying, extreme feelings of dependency, anxiety, and gross immaturity. The evaluating psychiatrist recommended that he be discharged. On 22 Jun 60, he was notified of pending discharge action based on the 18 Jun 60 psychiatric evaluation. However, on 14 Jul 60, the commander directed a second evaluation (15 Jul 60) due to the short amount of time between the notification of discharge action and the 18 Jun 60 psychiatric evaluation. On 25 Jul 60, the discharge authority directed discharge with a general (under honorable conditions) discharge rather than an honorable discharge because of the applicant’s willful aggravation of his condition. Additionally, the commander stated his conduct did not measure up to the criteria outlined for an honorable discharge. The applicant was discharged on 3 Aug 60, with a general (under honorable conditions) discharge, for unsuitability, under the provisions of AFR 39-16. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) was unable to identify an arrest record with the information furnished on the applicant (Exhibit C). A request for post-service information was sent to the applicant on 13 Nov 08 (Exhibit D). In response to our request, applicant provided post-service information, which is attached at Exhibit E. _________________________________________________________________ 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 in the discharge processing. 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, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient 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 Docket Number BC- 2008-03587 in Executive Session on 17 December 2008, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Sep 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Negative FBI Report. Exhibit D. Letter, AFBCMR, dated 13 Nov 08, w/atchs. Exhibit E. Applicant’s Rebuttal, undated, w/atchs.