Search Decisions

Decision Text

AF | BCMR | CY2009 | BC-2008-01666
Original file (BC-2008-01666.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01666
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was  retired  by  reason  of  a
physical disability because of a post-traumatic stress disorder (PTSD)
and hallucinations.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  was  not  given  a  disability  retirement  for   his   PSTD   and
hallucinations.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records indicate that  he  enlisted  in
the Regular Air Force on 5 Apr 95 for a period of four years.

On 4 Dec 96, the  applicant’s  commander  notified  him  that  he  was
recommending his discharge for minor  disciplinary  infractions.   The
reasons were:

      a.  On 8 May 96, he failed to pay a debt, resulting in a  Letter
of Reprimand (LOR).

      b.  Between Dec 95 and 22 Jul 96, he failed to pay several  just
debts and failed to maintain sufficient funds to cover checks totaling
$691.72, resulting in an LOR.

      c.  On 12 Aug 96, he failed to pay a just debt for past due rent
and court costs of $1,045.00, resulting in an LOR.

      d.  On 6 Sep 96, he failed to obey a lawful order, resulting  in
an LOR.

      e.  On 16 Sep 96, he was derelict  in  the  performance  of  his
duties, resulting in an LOR.

      f.  On 6 Oct 96, he unlawfully and repeatedly struck  his  wife;
and, between 7 Oct 96 and 9 Oct 96,  he  failed  to  go  at  the  time
prescribed to his place of duty, resulting in an Article 15.

      g.  On 6 Sep 96, he  was  arrested  and  detained  for  domestic
violence at his home of residence,  resulting in an LOR.

      h.  On 24 Oct 96, he failed to  obey  an  order  to  vacate  his
dormitory room, resulting in an LOR.

On 17 Dec 96, the  office  of  the  Staff  Judge  Advocate  found  the
discharge  action  to  be  legally  sufficient  and  recommended   the
applicant be furnished a general discharge.

On 18 Dec 96, the discharge authority approved  the  discharge  action
and directed that he be furnished a general discharge.

On 24 Dec 96, the applicant was discharged under the provisions of AFI
36-3208 (Misconduct)  and  furnished  a  general  discharge.   He  was
credited with 1 year, 8 months, and 20 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends denial indicating that  there
is no evidence  the  applicant  received  diagnoses  for  a  PTSD  and
hallucinations, or that he was treated for the conditions  during  his
military service.  While  visual  (not  auditory)  hallucinations  may
occur in the context of acute alcohol withdrawal, there is no evidence
the applicant experienced  any  such  hallucinations.   Further,  they
alone would not explain the numerous  minor  disciplinary  infractions
committed by him.  In the Medical  Consultant’s  view,  there  was  no
error or injustice in the  execution  of  the  applicant’s  discharge,
reason for discharge, or the characterization of his service.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  12
Sep 08 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find  the  applicant’s  assertions  or  the
documentation  presented  in  support  of  his   appeal   sufficiently
persuasive  to  override  the  rationale  provided  by   the   Medical
Consultant.   The  evidence  of  record  reflects  the  applicant  was
involuntarily discharged for misconduct.  We find  no  evidence  which
would lead  us  to  believe  that  his  administrative  discharge  was
improper or contrary to the governing directive  under  which  it  was
effected.  Therefore,  in  the  absence  of  sufficient  evidence  the
information used as a basis for his discharge was erroneous, or  there
was  an  abuse  of  discretionary  authority,  we   agree   with   the
recommendation of the Medical Consultant and adopt  his  rationale  as
the basis for our decision the applicant has  failed  to  sustain  his
burden of establishing that he has suffered  either  an  error  or  an
injustice.  Accordingly, we find  no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

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  this  application  in
Executive Session on 6 Nov 08, under the provisions of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. James L. Sommer, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2008-01666 was considered:

    Exhibit A.  DD Form 149, dated 22 Apr 08.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 3 Sep 08.
    Exhibit D.  Letter, SAF/MRBR, dated. 12 Sep 08.




                                   LAURENCE M. GRONER
                                   Panel Chair



Similar Decisions

  • AF | BCMR | CY2006 | BC-2005-00405

    Original file (BC-2005-00405.DOC) Auto-classification: Denied

    He asserted that his weight on entry into the Air Force was "too much" (though he was 20 pounds below the maximum allowed weight), and that he "had a handle" on his weight until his mother's illness (while in fact he exceeded weight standards at least as early as 1990). A complete copy of the Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the advisory opinion...

  • AF | DRB | CY2003 | FD2003-00053

    Original file (FD2003-00053.pdf) Auto-classification: Denied

    mere AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN SRA | ee PERSONAL APPEARANCE X RECORD REVIEW ] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL NONE MEMBERS SITTING ea ISSUES INDEX NUMBER f iS ORDER APPOINTING THE BOARD A93.11, A94.05, A94.53 447.00 APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION HEARING DATE 03-05-28 CASE NUMBER FD2003-00053 BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE...

  • AF | DRB | CY2002 | FD2002-0449

    Original file (FD2002-0449.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD ! NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN | A ie TYPE Be, PERSONAL APPEARANCE X RECORD REVIEW "COUNSEL = “NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES NO X | VOTE OF: THE BOARD MEMBERS SITTING HON “GEN UOTHC OTHER DENY xX X X L 1 xX —

  • AF | DRB | CY2002 | FD2002-0166

    Original file (FD2002-0166.pdf) Auto-classification: Denied

    _ CASI ADMBERK AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pppo2-0166 GENERAL: The applicant appeals for upgrade of discharge to honorable. e, Additional: LOR, 01 FEB 96 - Failed to obey order. For this infraction, you received a Record of Individual Counseling (RIC) on 23 Feb 96.

  • AF | DRB | CY2002 | FD2002-0078

    Original file (FD2002-0078.pdf) Auto-classification: Denied

    Because the Board did not recommend an Under Other Than Honorable Conditions discharge, you do not have this option of directing this type of discharge. Considering all of the evidence in ommendation of the board, I recommend that you sign the attached letter directing tha discharged from the United States Air Force with a General (Under Honorable Conditions) discharge pursuant to AFI 36-3208, paragraph 5.50.1, without hrther probation and rehabilitation. The discharge board or, the...

  • AF | BCMR | CY2004 | BC-2004-01521

    Original file (BC-2004-01521.doc) Auto-classification: Denied

    The applicant’s EPRs prior to this referral report received the highest overall recommendation of “5.” An Informal Physical Evaluation Board (IPEB) convened on 7 Mar 97 and recommended the applicant be placed on the Temporary Disability Retirement List (TDRL) with a 30% rating for pain disorder associated with general medical condition, mechanical low back pain, definite industrial impairment. Since the applicant had previously held the higher grade of SRA from 26 Dec 94 to 19 Dec 96, his...

  • AF | DRB | CY2002 | FD2002-0222

    Original file (FD2002-0222.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0222 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Attachment: Examiner's Brief FD2002-0222 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD —y (Former AMN) (HGH SRA) as 1. The Respondent departed the local area failing to obtain a leave number and notify the squadron leadership of her whereabouts, failed to go to her appointed place of duty on four occasions, and...

  • AF | DRB | CY2005 | FD2004-00467

    Original file (FD2004-00467.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE ATR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD FD2004-00467A (Former SRA) (HGH SRA) (REHEARING) 1. h. On or about 7 Jun 95 you reported to work late and on or about 19 Oct 95 you failed to complete a given task for which you received a Letter of Counseling on 23 Oct 95. : PO x20 20467 4 i, On or about 12 May 96 you was driving at an unreasonable rate of speed for which you received a traffic ticket and a Letter of Counseling on 8...

  • AF | DRB | CY2003 | FD2003-00066

    Original file (FD2003-00066.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AESN/SSAN i AB | RAMANA. CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0066 GENERAL: The applicant appeals for upgrade of discharge to Honorable. d. On 31 Oct 95, 27 Nov 95, 18 Dec 95, 11 Jan 96, and 12 Jan 96, you, without authority, failed to go at the time prescribed to your appointed place of duty.

  • AF | BCMR | CY2002 | 0101905

    Original file (0101905.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-01905 INDEX NUMBER: 131.02 XXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: Yes _______________________________________________________________ APPLICANT REQUESTS THAT: His promotion to technical sergeant (TSgt) (E-6) earned during the 99E6 promotion cycle and cancelled due to unsatisfactory progress on the weight management program (WMP) be reinstated. His commander cancelled...