ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-00480
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, she requests her under
honorable conditions (general) discharge be upgraded to an honorable
discharge.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 23 Feb 99 in the grade of second
lieutenant.
The applicant’s request that her general discharge be upgraded to
honorable, reimbursement of monies she paid into the Montgomery GI
Bill and change the narrative reason for her separation from
misconduct to Secretarial Authority was considered and denied by the
Board on 4 Feb 03. For an accounting of the facts and circumstances
surrounding the applicant’s requests and the rationale of the earlier
decision by the Board, see the Record of Proceedings, with Exhibits,
at Exhibit G.
On 2 Mar 02, the applicant submitted an application to the Air Force
Discharge Review Board (AFDRB) requesting her general discharge be
upgraded. The AFDRB reviewed all the evidence and concluded that the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the discretion
of the discharge authority and that the applicant was provided full
administrative due process (Exhibit H).
On 24 Nov 06, the applicant submitted a DD Form 149 with attachments
requesting her general discharge be upgraded to honorable. She is
requesting a review of the AFDRB process because there was not enough
evidence submitted in her favor at that hearing. She has also
submitted documentation showing the medications she was prescribed had
side effects of headache, agitation and disorientation (Exhibit I).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states 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 discharge was within the discretion of the discharge
authority. The applicant did not submit any evidence or identify any
errors or injustices that occurred in the discharge processing. She
provided no facts warranting a change in her character of service.
The complete AFPC/DPPRS evaluation is at Exhibit J.
AFPC/JA recommends the application be denied. AFPC/JA states the
applicant is requesting the Board review the proceedings of the AFDRB.
The rules governing the AFBCMR does not permit a direct appeal or
review of the AFDRB findings. The applicant is alleging that she was
emotionally stressed which she had been under for many months and the
side effects of the medications she was taking for serious medical
conditions contributed to, and presumably were responsible for, the
behavior that resulted in her receiving the Article 15. The applicant
has focused her application on this particular offense and the
circumstance surrounding it, making no reference to the other offenses
that originally formed the basis for her discharge.
The applicant seemingly is ignoring that her discharge for cause was
based on multiple incidents of misconduct and not on one isolated
incident where she was experiencing emotional distress. Even if the
focus was on the incident that resulted in the Article 15, the
documentation and argument submitted by the applicant and the evidence
of record still does not serve to excuse the applicant’s behavior.
AFPC/JA further states that although the applicant may have been under
a lot of stress for severe medical conditions, there has been no
evidence provided to show that the emotional stress in any way caused
her to be unable to distinguish right from wrong or otherwise prevent
her from following required military customs, courtesies, duties and
behavior. The evidence the applicant submits regarding the potential
side effects of the medications she was taking at that time does not
negate or refute the misconduct that occurred. Furthermore, there is
no evidence showing that the applicant actually suffered from the side
effects of the medication that would cause an inability to distinguish
right from wrong or comply with military standards of behavior. At
most, the stress the applicant was under and the possible side effects
of medication she was taking would serve to mitigate the seriousness
of the offense rather than negate it.
While the stress related to the applicant’s physical and mental
condition prior to and during the time that she received the Article
15 punishment might have served to mitigate the seriousness of the
applicant’s behavior, these circumstances did not constitute a defense
to the repeated misbehavior engaged in by the applicant. The
seriousness and repeated nature of the misconduct was firmly
established by the evidence of record and fully supported the basis
for the administrative discharge for cause and characterization she
received.
The complete AFPC/JA evaluation is at Exhibit K.
The AFBCMR Medical Consultant recommends the requested relief be
denied. The Medical Consultant states the applicant presents new
evidence from the Physicians Desk Reference that the side effects of
the medication she was prescribed (Traxadone and Ativan) include
agitation, headache and disorientation. The applicant’s personality
disorder and reaction to stressful situations might have contributed
to her severe rashes, which in turn could increase her inherent stress
level. The applicant’s personality disorder may also have diminished
her capability to endure the stress of military life. Having a
personality disorder may explain the cause of bad behavior, but did
not excuse it. Both the medications the applicant claims to have
taken note the possibility of agitation as a possible side effect.
Furthermore, it appears the applicant started these medications at
least a year after her misconduct and unprofessional behavior was
noted.
The AFBCMR Medical Consultant’s evaluation is at Exhibit L.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
15 Dec 06 and 31 Jul 07, for review and response within 30 days. As
of this date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After reviewing this application and the evidence provided in
support of the appeal, we are not persuaded the requested relief is
warranted. 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 offices of primary responsibility and
adopt their rationale as the basis for our decision that the applicant
has failed to sustain her burden of proof that she has suffered either
an error or an injustice. Based on the documentation in the
applicant's records, it appears the processing of the discharge was
appropriate and accomplished in accordance with Air Force policy.
Therefore, in view of the above, we find no compelling basis to
recommend granting the relief sought in this application.
2. 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 AFBCMR Docket Number BC-
2002-00480 in Executive Session on 11 Oct 07, under the provisions of
AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. B J White-Olson, Member
Mr. Mark J. Novitski, Member
The following documentary evidence was considered:
Exhibit G. Record of Proceedings, dated 4 Feb 03, w/atchs.
Exhibit H. AFDRB Decisional Rationale.
Exhibit I. DD Form 149, dated 24 Nov 06, w/atchs.
Exhibit J. Letter, HQ AFPC/DPPRS dated 1 Dec 06.
Exhibit K. Letter, HQ AFPC/JA dated 7 Dec 06.
Exhibit L. Letter, SAF/MRBC, dated 15 Dec 06.
Exhibit M. Letter, AFBCMR Medical Consultant, dated
27 Jul 07.
Exhibit N. Letter, SAF/MRBC, dated 31 Jul 07.
WAYNE R. GRACIE
Panel Chair
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