RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00891 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be changed to a medical discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He did not experience symptoms of Schizophrenia prior to enlisting in the service or, upon testing at the time of entry. His symptoms began after he enlisted. In support of his appeal, the applicant provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States; and, a copy of his DD Form 214, Report of Separation from Active Duty. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force effective 30 January 1974 in the grade of airman basic. He served as an Aircraft Maintenance Specialist and was promoted to the grade of airman (E-2) effective 30 May 1974. On 23 May 1974, the applicant was given a Letter of Reprimand (LOR) for dereliction in the performance of his duties. On 19 June 1974, he received Article 15 punishment for failure to go to his appointed place of duty on 4 July 1974. His punishment consisted of forfeiture of $50 pay per month for one month and a suspended 7-day period in correctional custody. On 23 July 1974, he was eliminated from his technical school course for prejudicial conduct. On 9 August 1974, he was found guilty in a Special Court-Martial for four specifications of failure to go at the time prescribed to his appointed place of duty without authority, in violation of Article 86 of the Uniform Code of Military Justice (UCMJ). He received punishment of reduction in grade to airman basic (E-1), forfeiture of $100 pay per month for three months, and 45 days hard labor. On 7 November 1974, the applicant received an LOR for failure to report to his appointed place of duty on 21 October 1974. On 8 November 1974, he received Article 15 punishment for dereliction in the performance of his duty on 22 October 1974. His punishment consisted of forfeiture of $50 pay per month for one month. On 29 November 1974, the applicant was placed into pre-trial confinement pending court-martial for possession of marijuana on 27 November 1974. On 13 December 1974, he was formally informed of the possession charge, in addition to two additional charges of communicating a threat and disrespect to a commission officer. The applicant was subsequently evaluated by mental health personnel and found to have a character and behavior disorder which was best described as passive-aggressive with immature features. On 13 December 1974, he was found to be sane in a sanity hearing. On 24 December 1974, after consulting with counsel, the applicant requested discharge under the provisions of Air Force Manuel 39- 12, Paragraph 2-78, Section F, for the good of the service in lieu of court-martial. On 31 December 1974, his commander recommended the applicant’s request be approved. On 3 January 1975, the Staff Judge Advocate found the case to be legally sufficient and recommended he be discharged with an undesirable discharge without probation or rehabilitation. On 2 January 1975, the discharge authority approved the applicant’s request for discharge and directed he be discharged with an undesirable characterization of service. On 8 January 1975, the applicant was discharged with an Under Other Than Honorable Conditions (UOTHC)) discharge in lieu of a trial by court-martial. He served 11 months and 2 days on active duty. On 20 October 1976, the Air Force Discharge Review Board (AFDRB) upgraded the applicant’s discharge characterization to general (under honorable conditions) under the reason of current policy and clemency. However, the AFDRB denied the applicant’s request to reenlist in the military. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 1 June 2011, the applicant was given an opportunity to submit comments about his post service activities and in response to the FBI Report (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 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. We note the AFDRB upgraded his discharge based on current policy and clemency; however, in our opinion, based on the totality of the evidence provided, the upgrade approved by the AFDRB was proper and fitting, and further relief in the form of a medical discharge would not be appropriate. In view of the foregoing, we conclude that no basis exists to recommend granting the relief sought in this application. ________________________________________________________________ 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- 2011-00891 in Executive Session on 20 October 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-00891: Exhibit A. DD Form 149, dated 11 Oct 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 1 Jun 11, w/atch. Panel Chair