RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01246
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY COMPLETION DATE: 13 OCTOBER 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to make him eligible for
Veterans Affairs (VA) benefits.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was diagnosed with Post Traumatic Stress Disorder from his Vietnam War
experience. He was station at Ubon, Thailand from November 1971 to
November 1972. Since his current medical condition is a direct result of
his military service, he would like to have his discharge upgraded so he
can receive treatment at the VA.
In support of the application, the applicant submits medical documents
from the Pine Rest Christian Mental Heath Services.
The applicant's complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on 30
April 1971 and was progressively promoted to the grade of technical
sergeant. While stationed at Howard AFB Panama, he was convicted by court-
martial on 11 December 1986 for dereliction in duties as Medical Urine
Testing Program Monitor, a violation of Article 92, UCMJ, and making
false official statements, in violation of Article 107, UCMJ. The
applicant was found guilty on both charges. The sentence included
reduction to airman basic, confinement for four months, forfeiture of
$426.00 for four months and a Bad Conduct Discharge. The sentence was
finally affirmed on 22 July 1987 and the Bad Conduct Discharge executed
on 10 September 1987. The applicant was credited with 16 years, 1 month,
and 2 days of active service.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report pertaining to
the applicant, which is at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
BCMR Medical Consultant recommends denial. Submitted documents shows the
applicant self referred for care in April 2004 for new onset of symptoms
consistent with post traumatic stress disorder triggered by reviewing the
Band of Brothers video. The applicant reported to his mental health
evaluators that he witnesses combat injuries and suffering. He was
diagnosed with post traumatic stress disorder, delayed onset.
The Medical Consultant states veterans who receive a dishonorable
discharge or a BCD are not eligible for veteran’s benefits under Title
38. A review of the available records finds no error or injustice that
warrants a change of records. The applicant's condition developing
seventeen years after discharge is not a basis for granting an upgrade in
the character of discharge. Action and disposition in this case are
proper and equitable reflecting compliance with Air Force directives that
implement the law.
The BCMR Medical Consultant’s evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9 June
2006 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 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 that would warrant an upgrade of his
discharge. We agree with the opinion and recommendation of the BCMR
Medical Consultant and adopt his rationale as the basis for our conclusion
that he has not been the victim of an error or injustice. Evidence has not
been provided which would lead us to believe that the action taken to
affect his discharge from the Air Force was improper or contrary to the
provisions of the governing regulations at the time; or, that the
characterization of his service was based on factors other than his own
misconduct. Therefore, based on the available
evidence of record, we find no compelling basis upon which to recommend
granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issues involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
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-2005-01246
in Executive Session on 15 August 2006, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. LeLoy W. Cottrell, Member
Ms. Karen A. Holloman, Member
The following documentary evidence pertaining to Docket Number BC-2005-
01246 was considered:
Exhibit A. DD Form 149, dated 28 Mar 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated, 10 Jul 06.
Exhibit D. Letter, BCMR Medical Consultant, dated 25 May 06.
Exhibit E. Letter, SAF/MRBR, dated 9 Jun 06.
RICHARD A. PETERSON
Panel Chair
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