RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02938
                             INDEX CODE:  110.00

                             COUNSEL: NONE

                             HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  31 AUGUST 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  reason  for  separation   be   changed   to   medical   and   the
characterization of service  he  received  be  upgraded  from  general
(under honorable conditions) to honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not treated for Post Traumatic War Syndrome (PTWS) [sic]  until
two years after his short tour in the desert.

He was mentally ill when he was having trouble controlling his temper.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 28 November
2001, as an airman basic (AB) for a period of six years.

On 12 May 2006, the applicant was notified of his  commander’s  intent
to recommend him for discharge from the Air Force for misconduct (drug
abuse).  The specific reason for the discharge action was that  on  11
May 2006, the applicant received an Article 15  for  wrongfully  using
Ecstasy between 30 July 2005 and 31 August 2005.

In the notification memorandum for discharge, the commander cited  the
following information for consideration:

      a.    On 10 May 2006, the applicant was diagnosed  with  Bipolar
Disorder, neck and back pain.

      b.    On 13 June  2005,  the  applicant  received  a  Letter  of
Reprimand  (LOR)  for  making  disparaging  comments   toward   female
personnel.

The commander advised the applicant of his  right  to  consult  legal
counsel, that military legal counsel had been obtained  for  him,  of
his right to submit statements in his own behalf, and that failure to
consult counsel or to submit statements would constitute a waiver  of
his right to do so.

On 12 May 2006, the applicant acknowledged receipt  of  the  discharge
notification and after consulting with counsel elected not  to  submit
statements in his own behalf.

On 12 May 2006, the staff judge advocate reviewed the case  and  found
it legally sufficient and recommended the applicant receive a  general
discharge without probation and rehabilitation.

On 16 May 2006, the discharge authority approved  the  separation  and
directed that the applicant be discharged  with  a  general  discharge
without probation and rehabilitation.

The applicant was discharged from the  Regular  Air  Force  on  19 May
2006.  He had served 4 years, 5 months and 22 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The Board for Correction of Military Records (BCMR) Medical Consultant
is of the opinion  that  no  change  in  the  applicant’s  records  is
warranted.  The Medical Consultant states the first signs  of  bipolar
disorder often manifest itself as a personality disorder (which is not
boardable or compensable) before evolving into a full blown-case.  The
applicant’s antisocial behavior may have become  more  apparent  after
his return from Iraq but there were incipient signs of this before  he
joined military service.  The  applicant  asserts  that  the  positive
urinalysis and hair test was proof that his  positive  drug  test  for
Ecstasy was due to a  single,  unintentional  event.   Typically  hair
sample drug tests don’t turn positive  in  the  first  month  after  a
single drug use.  It could not be  determined  specifically  when  the
hair sample was taken in relation to the applicant’s  untoward  event.
Furthermore, the applicant claims he unwittingly  took  Ecstasy  at  a
party but  failed  to  report  the  incident  to  medical  authorities
treating him for his injuries or his first  sergeant.   The  applicant
did not  meet  the  psychiatric  criteria  for  a  diagnosis  of  Post
Traumatic Stress  Disorder  prior  to  his  discharge,  although  this
diagnosis had been considered by treating psychiatrists.  The treating
psychiatrist  also  suspected  for  at  least  nine  months  that  the
applicant might have bipolar disorder and confirmed this diagnosis  on
1 May 2006.  Ordinarily, a diagnosis of bipolar disorder would trigger
entry into the  Disability  Evaluation  System  (DES)  and  a  Medical
Evaluation Board (MEB) to determine the applicant’s fitness for  duty.
Since the applicant was pending a  court-martial,  he  was  considered
ineligible for DES consideration.

Once the court-martial charges were dropped, an MEB should  have  been
initiated, along with  a  pending  administrative  discharge,  a  dual
action should also  have  been  considered.   The  Medical  Consultant
further states based on limited knowledge  available  in  the  package
presented, the preponderance of evidence  indicated  that  applicant’s
medical condition, while significant, was  neither  unfitting  at  the
time of discharge, nor the cause of his misconduct.

The BCMR Medical Consultant’s evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
26 June 2007, for review and response within  30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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  an  injustice.   The  applicant  is
requesting  his  records  be  corrected  to  reflect  he  received  an
honorable discharge and that he  was  separated  for  medical  reasons
although he was involuntarily separated for misconduct  (drug  abuse).
Applicant’s contentions are duly noted; however,  we  agree  with  the
opinion and recommendation of the BCMR Medical  Consultant  and  adopt
his rationale as the basis for our conclusion that the  applicant  has
not been the victim of an error or injustice.  The applicant’s records
appear to indicate  his  medical  condition,  while  significant,  was
neither unfitting at the time of his discharge, nor the cause  of  his
misconduct.  Therefore, we believe the processing of the discharge and
the  characterization  of   the   discharge   were   appropriate   and
accomplished in accordance with Air Force policy.

_________________________________________________________________

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-
2006-02938 in  Executive  Session  on  12  September  2007  under  the
provisions of AFI 36-2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Richard K. Hartley, Member
                       Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 Sep 06, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 25 Jun 07.
   Exhibit D.  Letter, SAF/MRBR, dated 26 Jun 07.




                                        MICHAEL J. NOVEL
                                        Panel Chair