RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-04132
		INDEX CODE:  110.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable.
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APPLICANT CONTENDS THAT:

The vaccine, pills, and Gulf War experience are directly related 
to his Personality Disorder, and the disorder caused his 
behavior.  He put his life on the line for his country and 
believes that no war veteran should receive less than an 
honorable discharge, unless they were discharged for espionage 
or sabotage.

Studies show that thousands of Gulf War veterans have 
unexplained illnesses and sicknesses and it is unjust that he 
should receive less than an honorable discharge because of his 
Personality Disorder. 

In support of his request, the applicant provided statements in 
his own behalf, a copy of his DD Form 214, Certificate of 
Release or Discharge from Active Duty, a copy of his DFAS Form 
702, Air Force/Army Leave and Earnings Statement (Active and 
Reserve Forces), an e-mail regarding Court Victory for Sick Gulf 
War Veteran, an article from the Natural Health and Longevity 
Resource Center, entitled Gulf War Syndrome, and an internet 
news article entitled, Gulf War Veterans Accuse Pentagon of 
Cover-up. 

The applicant's complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 6 Nov 89 and was 
discharged on 23 Jun 94, with a UOTHC discharge due to 
misconduct—commission of a serious offense.

Records reflect the applicant committed indecent acts of a 
sexual nature upon a minor, his dependent step-daughter, on 
multiple occasions, as indicated in a statement from the 
applicant, signed by him on 8 Feb 94.  

A legal review of the applicant’s case, conducted on or about 
2 Jun 94, indicates the discharge authority elected to pursue an 
administrative action, based upon the election of the witness 
(the applicant’s spouse) not to provide testimony in the case 
and to avoid subjecting the victim (applicant’s step-daughter), 
to further humiliation and trauma that would likely result 
during a court-martial proceeding.  Nonetheless, the 
investigative reports and statements provided by the victim and 
her mother were determined legally sufficient to support an 
administrative action.

The applicant consulted counsel and waived his right to an 
Administrative Board hearing. Records indicate he appeared, with 
counsel, before the Air Force Discharge Review Board (AFDRB) on 
25 Feb 97.  The AFDRB denied his request.

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS states that based on the 
documentation on file in the master personnel records, the 
discharge was consistent with the procedural and substantive 
requirements of the discharge regulation.  The applicant did not 
submit any evidence or identify any error or injustices that 
occurred in the discharge process, nor did he provide any facts 
warranting a change to his discharge.

The complete AFPC/DPSOS complete evaluation is at Exhibit C.

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BCMR MEDICAL CONSULTANT’S EVALUATION:

The BCMR Medical Consultant recommends denial.  He states that 
despite the applicant’s assertion that either the vaccine, 
pills, or his exposure to the Gulf War theatre of operations are 
implicated in the development of an alleged Personality 
Disorder, he found no objective medical evidence that such a 
diagnosis has ever been formally made.  Further, the applicant 
has not provided sufficient evidence, medical or otherwise, that 
would outweigh the egregious nature of the offenses he 
committed.  Lastly, the BCMR Medical Consultant states he found 
no causal or mitigating relationship between the applicant’s 
acts of misconduct and either a vaccine, prescribed 
pharmaceutical, or his exposure to the Gulf War environment. 

The complete BCMR Medical Consultant’s evaluation is at Exhibit 
D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force and BCMR Medical Consultant’s 
evaluations were forwarded to the applicant on 8 Aug 08 for 
review and comment within 30 days (Exhibit E).  As of this date, 
this office has not received a response.

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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 agree with the opinion and recommendation 
of the Air Force office of primary responsibility and the BCMR 
Medical Consultant 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 evidence to 
the contrary, we find no compelling basis to recommend granting 
the relief sought in this application.

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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.

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The following members of the Board considered Docket Number BC-
2007-04132 in Executive Session on 17 September 2008, under the 
provisions of AFI 36-2603:

	XXXXXXXXXXXXXX, Panel Chair
	XXXXXXXXXXXXXX, Member
	XXXXXXXXXXXXXX, Member





The following documentary evidence was considered for Docket 
Number BC-2007-04132:

    Exhibit A.  DD Form 149, w/atchs, dated 17 Dec 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPSOS, dated 7 Apr 08.
    Exhibit D.  Memorandum, BCMR Medical Consultant, 
                dated 1 Aug 08.
    Exhibit E.  Letter, SAF/MRBR, dated 8 Aug 08.



                                   XXXXXXXXXXXXXX
                                   Panel Chair