RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01065 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His general (under honorable conditions) discharge be upgraded to an honorable. 2. His narrative reason for separation (Unsuitability- Personality Disorder) and separation code “HMB” be changed. 3. His reentry code “2B” (separated with a general or under other than honorable conditions (UOTHC) discharge) be changed. _________________________________________________________________ APPLICANT CONTENDS THAT: He served his country in the Air Force honorably for over 11 years. He was discharged for being falsely accused of a crime he did not commit. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty and a letter from his Veterans Claims Officer. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 26 February 1971. On 17 June 1982, the applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFM 39-12, paragraph 2-4b. The specific reason was Unsuitability - Personality Disorder. He was advised of his rights in this matter and acknowledged receipt of the notification. After consulting with counsel, the applicant waived his right to a hearing before an administrative discharge board and elected not to submit statements in his own behalf. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. On 19 July 1982, the discharge authority concurred with the recommendations and directed a general discharge. The applicant was discharged on 26 July 1982. He served 11 years, 5 months and 1 day on active duty. On 2 November 1991, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request that his general (under honorable conditions) discharge be upgraded to an honorable discharge (Exhibit B). Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, was unable to identify with an arrest record on the basis of information furnished, dated 6 April 2010. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial. The Medical Consultant acknowledges that Personality Disorders, of a non- organic cause, are developmental in origin and would more commonly have manifested earlier. However, the Medical Consultant finds no basis to refute the findings of the credentialed mental health provider who determined through numerous evaluations and testing, that the applicant’s pattern of behavior was indeed maladaptive in nature. When such a condition significantly interferes with a member’s ability to perform military service, discharge authorities are empowered to initiate an involuntary separation action. The Medical Consultant opines the applicant has not met the burden of proof of an error or injustice that warrants the desired change of record. The AFBCMR Medical Consultant’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 7 December 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 agree with the opinion and the recommendation of the AFBCMR Medical Consultant and adopt his rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2010-01065 in Executive Session on 10 January 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01065 was considered: Exhibit A. DD Form 149, dated 11 March 2010, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFBCMR Medical Consultant, dated 3 December 2010. Exhibit D. Letter, SAF/MRBR, dated 7 December 2010.