RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01645 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His under other than honorable conditions (UOTHC) discharge be 
upgraded and his name be placed on the Temporary Disability 
Retired List (TDRL) with an effective date of 23 Dec 08. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He was administratively separated on 23 Dec 2008 as a result of 
a third driving under the influence (DUI) of alcohol incident 
and violation of Article 112 of the Uniform Code of Military 
Justice (UCMJ). In 2006, he was diagnosed with Post-Traumatic-
Stress Disorder and believes this condition was directly related 
to the actions that ultimately resulted in his discharge. 

 

He served honorably for over 11 years and was a good non-
commissioned officer (NCO). His drinking problems began after 
returning for Iraq and learning that his wife was having an 
affair. Upon receiving a diagnosis of PTSD, military medical 
providers began prescribing a myriad of psychotropic medications 
that were suppose to stabilize his condition; however, as he 
attempted to deal with the condition, adjust to the medication, 
and his personal issues, he started drinking which caused his on 
and off duty performance to decline. 

 

This behavior resulted in three DUIs, Traumatic Brain Injury 
(TBI) from a motorcycle accident, a positive urinalysis, and 
ultimately led to a UOTHC discharge. After discharge, he sought 
treatment from the Department of Veterans Affairs (DVA). 
Additionally, since the Informal Physical Evaluation Board 
(IPEB) determined his PTSD was combat-related, rated at 
50 percent disabling, he believes his record should be 
corrected. 

 

In support of his appeal, the applicant provides a copy of 
AF Form 356, Findings and Recommended Disposition of USAF 


Physical Evaluation Board, dated 22 Sep 08 and a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, issued in conjunction with his 23 Dec 08 discharge; 
extracts from his DVA and service medical records, and other 
supporting documents. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Prior to the events under review, the applicant entered the 
Regular Air Force on 26 Mar 97. The applicant received three 
Article 15s, on 26 Sep 97, 1 Sep 00, and 24 Apr 02, resulting 
from civilian convictions of DUIs. 

 

Based on the available record, charges were preferred against 
the applicant for trial by special court-martial with a 
punishment consisting of a bad conduct discharge, which was the 
result of an investigation by the Air Force Office of Special 
Investigation (AFOSI), having been accused of violating Article 
112a, Uniform Code of Military Justice (UCMJ), for wrongful use 
of cocaine. The applicant requested an administrative 
separation in lieu of trial by court-martial. The commander 
recommended approval of the request for administrative 
separation with a UOTHC characterization. The commander noted 
the applicant’s deployed service was noteworthy and that his 
service in combat was honorable. In addition, the commander 
noted the applicant had been diagnosed with PTSD, alcohol 
dependence, personality disorder, not otherwise specified (NOS), 
shoulder (rotator cuff) surgery, major impairment in several 
areas (work, legal, family relation, judgment and mood. Due to 
the applicant’s medical condition, the staff judge advocate 
(SJA), recommended dual-action processing of the case pursuant 
to AFI 36-3208, chapter 4. The wing commander approved the 
request for discharge in lieu of trial. The Air Force Special 
Operations Command SJA recommended the applicant be discharged 
in lieu of trial and directed that he be separated with a, 
general (under honorable conditions), or UOTHC discharge. The 
discharge authority directed the applicant be separated with an 
UOTHC discharge. 

 

During the processing of his administrative separation, the 
applicant was involved in a motorcycle accident while off-duty. 
The applicant was traveling with a passenger, who was thrown 
from the motorcycle; however, the applicant suffered head 
injuries and was medivaced to the hospital. The applicant was 
treated and hospitalized for five days. While on convalescent 
leave, he was entered in a substance abuse rehabilitation 


program for 30 days. All total, the applicant lost 40 days of 
duty time as a result of his incurred injuries. A Line of Duty 
(LOD) Determination concluded the accident was a result of 
misconduct and the misconduct was the cause of the injury and 
loss of duty time. 

 

A Medical Evaluation Board (MEB) considered the applicant’s case 
based on his diagnosis of PTSD and recommended the applicant’s 
case be referred to the IPEB. The IPEB recommended placement on 
the TDRL with a combined disability rating of 60 percent, which 
constituted a 50 percent rating for PTSD and 10 percent for 
right shoulder pain, status-post labral repair. The applicant’s 
TBI and resultant cognitive disorder, although potentially 
unfitting, was found not IN-LOD. As a result of the dual-action 
process, his case was referred to the Secretary of the Air Force 
Personnel Council (SAFPC) for a determination of the appropriate 
reason for discharge and character of service. SAFPC determined 
there were “insufficient mitigating factors to disregard the 
disciplinary action,” and recommended the previous 
administrative separation be executed. 

 

The applicant was discharged, on 23 Dec 08, under the provisions 
of AFI 36-3208, with a reason for separation of triable by 
court-martial, and a UOTHC character of service. He was 
credited with 11 years, 8 months, and 28 days of active service, 
including 1 year, 11 months, and 29 days of foreign service. 

 

On 18 Mar 10, the Air Force Discharge Review Board (AFDRB) 
denied the applicant’s request for an upgrade of his UOTHC 
discharge to general (under honorable conditions). They 
concluded the discharge was consistent with the procedural and 
substantive requirements of the discharge regulation, was within 
the discretion of the discharge authority, and the applicant was 
provided full administrative due process (see AFDRB Hearing 
Record at Exhibit B). 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial, stating, in part, based on the 
documentation on file in the master personnel records, the 
discharge was consistent with the procedural and substantive 
requirements of the discharge instruction and was within the 
discretion of the discharge authority. The applicant did not 
submit any evidence or identify any errors or injustices in the 
discharge processing, nor did he provide any facts warranting a 
change to his separation. 

 

The complete AFPC/DPSOS evaluation is at Exhibit C. 

 


The BCMR Medical Consultant recommends the Board consider the 
option to upgrade the applicant’s character of service to 
general, under honorable conditions. 

 

The Medical Consultant notes, the applicant currently carries a 
UOTHC discharge, after failed attempts for an upgrade of 
discharge by the AFDRB in 2010 and a failed effort for medical 
separation following a "dual-action" review by the SAFPC. The 
Consultant is empathetic with the stressors associated with the 
applicant's Partner Relations Problem, which was likely 
exacerbated by the announcement by his spouse's interest in 
seeking a divorce. Additionally, the applicant's underlying 
Alcohol Dependence, whether used as inappropriate "self-
medication" independently resulted in legal problems due to 
recurrent DUIs; notwithstanding the serious head injury he 
sustained while intoxicated. Nevertheless, the applicant's 
positive cocaine urine screen appears to be a prime trigger for 
his administrative separation action; which at least one medical 
expert opined was the possible result of PTSD. With respect to 
the applicant's PTSD, the Medical Consultant is aware of the 
special attention being directed towards individuals who may 
have been errantly separated due to a Personality Disorder, or 
misconduct for that matter, who may be instead have been 
suffering from PTSD related to service in Iraq and/or 
Afghanistan. The applicant indeed carried a co-morbid diagnosis 
of Personality Disorder, but this was not the reason for his 
separation. Nevertheless, after collectively considering the 
stressors put upon the applicant by his failed marriage, his 
otherwise good performance prior to the relatively compressed 
period of misconduct, his three deployments, the possible 
underlying impact of PTSD upon his overall psyche [and as a 
possible motive for cocaine use], and his longstanding alcohol 
dependence as a coping strategy, the Consultant struggles with 
the determination that the applicant's medical issues did not 
contribute in some way to his acts of misconduct; despite the 
fact that a sanity board implicitly determined he was able to 
distinguish right from wrong at the time of committing the 
offenses. For these reasons, the Medical Consultant recommends 
the Board consider its option to upgrade the applicant's 
discharge to general, under honorable conditions, as a matter of 
clemency; as recurrent alcohol abuse (well in advance of his 
deployment history), illegal drug use, and repeat violation of 
civil laws are not considered honorable actions under any 
condition. The Consultant finds the applicant's case represents 
a set of multiple contributory factors (psychiatric, 
occupational, partner relations, longstanding alcohol 
dependence, with otherwise top military performance) that 
converged upon the imperative to separate him for the zero 
tolerance illegal drug use. 

 

The complete BCMR Medical Consultant evaluation is at Exhibit D. 


 

________________________________________________________________ 

 

 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 4 April 2011 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit E). 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

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

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting a 
correction to the record. Based on the available evidence of 
record and that provided by the applicant, we believe some 
relief is warranted. In this respect, the BCMR Medical 
Consultant states the applicant’s case represents a set of 
multiple contributory factors (psychiatric, occupational, 
partner relations, longstanding alcohol dependence, with 
otherwise top military performance (including previous honorable 
service and noteworthy deployment service). We also note the 
BCMR Medical Consultant struggled with determining whether the 
applicant’s medical issues contributed to his acts of 
misconduct. Based on the totality of the facts and 
circumstances of the applicant’s case, we believe any doubt in 
this matter should be resolved in the applicant’s favor. 
Therefore, we recommend the applicant’s character of service be 
changed to general (under honorable conditions). Regarding the 
applicant’s request for placement on the TDRL; the applicant’s 
case has undergone an exhaustive review by the Air Force office 
of primary responsibility and the BCMR Medical Consultant and we 
are in agreement with their assessment that no basis exists to 
justify a medical retirement. As such, we recommend the 
applicant’s records be corrected only to the extent indicated 
below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 


The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 
23 December 2008, he was discharged with service characterized 
as general, under honorable conditions. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-01645 in Executive Session on 11 August 2011, 
under the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 22 Apr 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 9 Nov 10. 

 Exhibit D. Letter, BCMR Medical Consultant, 

 dated 31 Mar 11. 

 Exhibit E. Letter, SAF/MRBR, dated 4 Apr 11. 

 

 

 

 

 Panel Chair