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AF | BCMR | CY2004 | BC-1998-01243
Original file (BC-1998-01243.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-1998-01243
            INDEX CODE:  110.00
            COUNSEL:  NO

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29  Aug  89  as  an
airman basic for a period of four (4) years.

The applicant was discharged on 31 Aug 93, with a BCD after a  General
Court Martial conviction for use and  distribution  of  Lysergic  Acid
Diethylamide (LSD).  On 14 May 98, the applicant submitted  a  request
to the Air Force Board for Correction of Military Records (AFBCMR)  to
have his BCD upgraded to  an  honorable  discharge.   The  applicant's
request to have his discharge upgraded was considered  and  denied  by
the  Board  on  3 Aug  99.   For  an  accounting  of  the  facts   and
circumstances surrounding the  applicant's  application  to  have  his
discharge upgraded, and the rationale of the earlier decisions by  the
Board, see the Record of Proceedings, with attachments, at Exhibit G.

On 23 Apr 03, the applicant submitted a  request  for  reconsideration
based on his assertion the misconduct he committed was a result of his
mental  condition  that  the  Air  Force  failed  to  diagnose.    The
applicant’s request with attachments is attached at Exhibit H.

_________________________________________________________________

AIR FORCE EVALUATION:

As a result of the Board’s request, the  Medical  Consultant  reviewed
this  appeal  and  recommended  denial.   According  to  the   Medical
Consultant, there  was  no  evidence  of  the  psychotic  symptoms  of
schizophrenia existing while on active duty that can be found  in  the
available records, and there was no evidence  the  applicant  did  not
have the ability to  distinguish  right  from  wrong  or  conform  his
behavior to the law.  At most, the behavior exhibited by the applicant
during 1991 could be plausibly attributed in retrospect to  the  early
prodromal phase of schizophrenia  which  does  not  include  psychotic
manifestations or the absence of responsibility (including legal)  for
behavior.  The  schizophrenia  was  manifested  six  years  after  the
applicant’s abuse of LSD.  His use of  LSD  is  not  evidence  of  the
presence of this disease nor can the possible presence of the prodrome
be concluded as the direct cause of his  drug  use.   In  the  Medical
Consultant’s view, the action and disposition in this case were proper
and equitable reflecting compliance with  Air  Force  directives  that
implement the law, and that no change in the records is warranted.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
I.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  27
May 04 for review and response.  As of this date, no response has been
received by this office (Exhibit J).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

In an earlier finding, we determined there was  insufficient  evidence
to warrant any corrective action  regarding  the  applicant’s  request
that his BCD be upgraded to honorable for medical  reasons.   We  have
reviewed the applicant’s most recent submission requesting upgrade  of
his discharge, including the physician’s statement, and we do not find
it sufficiently persuasive to override the rationale provided  by  the
Medical Consultant.  Therefore, in the absence of sufficient  evidence
to the contrary, we agree  with  the  recommendation  of  the  Medical
Consultant and adopt his rationale as the basis for our decision  that
the applicant has failed to sustain his burden of establishing that he
has suffered either an error or an injustice.  Accordingly, we  adhere
to the previous decision in this  case  and  conclude  that  no  basis
exists to act favorably on the applicant’s request.

_________________________________________________________________

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 AFBCMR Docket Number BC-
1998-01243 in Executive Session on 4 Aug 04, under the  provisions  of
AFI 36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Marty J. Evans, Member

The following additional documentary evidence was considered:

    Exhibit G.  Record of Proceedings, dated 5 Nov 99, w/atchs.
    Exhibit H.  DD Form 149, dated 23 Apr 03, w/atchs.
    Exhibit I.  Letter, Medical Consultant, dated 26 May 04.
    Exhibit J.  Letter, AFBCMR, dated 27 May 04.




                                   PEGGY E. GORDON
                                   Panel Chair



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