ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01877
XXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
STATEMENT OF FACTS:
On 30 October 2008, the Board considered and denied a similar
appeal. For an accounting of the facts and circumstances
surrounding the applicants request and the rationale of the
earlier decision by the Board, see the Record of Proceedings at
Exhibit E (with Exhibits A through D).
On 23 July 2014, the applicant submitted a request for
reconsideration contending that he is not receiving care for
medical problems related to Agent Orange exposure due to the
type of discharge he received. He had family problems, and
suffered from depression, flashbacks and nightmares during his
service. He asked to be discharged, but no one listened to him.
In support of his request, the applicant provides copies of his
DD Form 214, Report of Separation from Active Duty; VA Form 21-
526EZ, Application for Disability Compensation and Related
Compensation Benefits, and a memorandum from the Agent Orange
Registry physician.
The applicants complete submission, with attachments, is at
Exhibit F.
THE AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the Board consider an
upgrade of the applicants discharge to general (under honorable
conditions) based upon clemency. The applicant has provided
correspondence from the Department of Veterans Affairs, dated
19 July 2014, acknowledging the possible relationship between
his alleged exposure to Agent Orange and peripheral neuropathy.
A post-service psychiatric initial evaluation, conducted on
29 October 2014, shows the applicant reported, I think I have
Post-Traumatic Stress Disorder (PTSD) from Vietnam. A follow-
up note dated 18 December 2014, indicates the applicant has been
prescribed Zoloft 25 mg at bedtime. The provider diagnosed the
applicant with [Major Depressive Disorder], PTSD. Department of
Defense guidance directed Boards for Correction of
Military/Naval Records to liberally consider the possible
existence of PTSD in Vietnam-era veterans, although no formal
diagnosis was available at the time of a veterans service. The
Medical Consultant considered the nature of the applicants
series of disciplinary infractions and found no ready
association with several of his transgressions and a compensable
mental disorder. However, in consideration of the applicants
post-service diagnosis of Major Depressive Disorder and PTSD,
the indicators that he was experiencing significant family
stressors, and his age and maturity at the time, leads the
Medical Consultant to recommend an upgrade of his discharge to
general (under honorable conditions) as a matter of clemency.
A complete copy of the BCMR Medical evaluation is at Exhibit G.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He reiterates that family problems, and combat related stressors
caused the behavior that led to his discharge. He further
states that his medical conditions were in the line of duty and
he should have been processed for a medical discharge instead of
an administrative discharge. He was not aware that that the
physical and psychological problems he suffered were a result of
PTSD because it was not a recognized mental disorder until 1980.
In further support of his appeal, the applicant provides
extracts from his medical records.
His complete response, with attachments, is at Exhibit I.
THE BOARD CONCLUDES THAT:
In an earlier finding, the Board determined there was
insufficient evidence to warrant corrective action. After
thoroughly reviewing the additional documentation submitted in
support of his appeal and the evidence of record, we do not
believe the applicant has overcome the rationale expressed in the
previous decision. We note the applicants states in his
rebuttal that he should have been processed for a medical
discharge instead of an administrative discharge. However, no
evidence has been presented which would lead us to believe the
applicant was improperly separated from active duty in 1975. In
the interest of justice we considered upgrading the applicants
discharge based on clemency and the BCMR Medical Consultants
recommendation. However, due to the lack of post-service
documentation, we are not persuaded that an upgrade on that basis
is warranted. Should the applicant provide additional evidence
pertaining to his post-service activities, the Board may be
willing to reconsider his appeal. In view of the above and in
the absence of evidence to the contrary, we find no basis upon
which to recommend favorable consideration of the applicants
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-2008-01877 in Executive Session on 4 August 2015,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 3 February 2009,
w/Exhibits.
Exhibit F. DD Form 149, dated 23 July 2014, w/atchs.
Exhibit G. Memorandum, BCMR Medical Consultant, dated 3 June
2015.
Exhibit H. Letter, SAF/MRBR, dated 18 June 2015.
Exhibit I. Letter, Applicant, undated, w/atchs.
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