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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