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
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