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AF | BCMR | CY2002 | 0200187
Original file (0200187.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00187
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to  honorable
and the narrative reason for his separation be changed to  reflect  that  he
was discharged for medical reasons.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been out of the service  for  6  months  and  has  been  successfully
treated for severe depression and  post-traumatic  stress  disorder  (PTSD).
Throughout  his  Air  Force  career  his  depression  and  PTSD  were  never
diagnosed.  Had he been properly diagnosed and treated  he  would  still  be
serving in the Air Force today.  His  misconduct  while  serving  on  active
duty was a direct  result  of  his  mental  illness.   Because  he  was  not
properly treated, he had no control of his actions.

In support of his  request  applicant  provided  a  personal  statement  and
character reference statements.  His complete submission, with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  enlisted  in  the  Regular  Air  Force  on  7  Jan  98.   He  was
progressively promoted to the grade of  airman  (E-2)  having  assumed  that
grade effective and with a date of rank of 7 Feb 99.

On 4  Apr  01,  applicant  was  notified  by  his  commander  that  she  was
recommending that he be discharged from the Air  Force  in  accordance  with
AFPD 36-32 and AFI 36-3208, paragraph 5.49.  The specific  reason  for  this
action was he received Letters of Reprimand 3 Jun 99, 19 Jul 99, 9  Jan  01,
and 23 Jan 01; a  Letter  of  Counseling  on  23  Jan  01,  and  Article  15
punishment on 13 Mar 01 which resulted in reduction to the grade  of  airman
and a suspended forfeiture of $584.00.  Applicant  acknowledged  receipt  of
the notification on that same date.  After consulting  counsel,  he  elected
not to provide statements on his own behalf.

In a legal review of the case file, the Chief, Military  Justice  found  the
case legally sufficient.  On 24 Apr 01, the wing commander directed that  he
be  discharged  from  the  Air  Force  with  a  general  discharge,  without
probation and rehabilitation.  He was discharged on 27 Apr 01.  He served  3
years, 2 months, and 11 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  reviewed  applicant's  request  and  recommends
denial.  The Medical Consultant states that his  records  indicate  that  he
had a pattern of recurring misconduct which  interfered  with  his  military
duties and resulted in his discharge.  During his period of active  duty  he
was properly treated  and  evaluated  by  mental  health  professionals  for
adjustment disorder, and by his report, personality disorder, although  such
a  diagnosis  had  never  been  definitively  established.   There  was   no
indication or reported evidence to suggest that he suffered from  depression
or PTSD while on active  duty.   The  development  of  depression  following
discharge from the military is not evidence of depression  while  on  active
duty.  The Medical Consultant's evaluation is at Exhibit C.

AFPC/DPPRS  reviewed  applicant's  request  and  recommends  denial.   DPPRS
states  that  the  discharge  was  consistent  with   the   procedural   and
substantive requirements of the discharge  regulation  and  was  within  the
sound discretion  of  the  discharge  authority.   His  frequent  misconduct
warranted the character of service he was given.  He did not submit any  new
evidence or identify any errors in  his  discharge  processing.   The  DPPRS
evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  12
Apr 02 for review and comment within 30 days.  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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   After  careful  consideration  of  the
applicant’s request  and  the  available  evidence  of  record,  we  see  no
evidence of an error or  injustice  that  would  warrant  a  change  in  the
characterization of his service or the reason for his discharge.   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 persuasive evidence to the  contrary,  we  find
no compelling  basis  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  02-00187  in
Executive Session on 13 Jun 02, under the provisions of AFI 36-2603:

      Mr. John L.Robuck, Panel Chair
      Mr. Frederick R. Beaman III, Member
      Mr. David C. Van Gasbeck, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 8 Mar 02.
    Exhibit D.  Letter, AFPC/DPPRS, not dated.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 02.




                                   JOHN L. ROBUCK
                                   Panel Chair

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