RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01754 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His bad conduct discharge (BCD) be changed to a medical 
discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He received medical care from the Family Practice Clinic while 
serving in the Air Force. He was prescribed Wellbutrin for 
social anxiety; however, after taking the medicine he became 
suicidal and spent a week in Keesler AFB Mental Health ward. He 
was preparing to go before a court martial for illegally using 
drugs prior to this incident occurring. He intends to prove his 
behavior was the root of a more serious medical condition. 

 

In support of his request, the applicant provides personal 
statements, a copy of his DD Form 293, Application for the Review 
of Discharge or Dismissal from the Armed Forces of the United 
States, a copy of a letter from Grady Health System, and excerpts 
from his personnel and medical records. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 10 May 00. 
The applicant was tried by a special court-martial for six 
specifications: 1) for wrongful use of lysergic acid 
diethylamide (LSD); 2) for wrongful use of cocaine; 3) for 
wrongful use of 3,4-methylenediox also known as Ecstasy; 4) for 
wrongful use of marijuana on several different occasions; 5) for 
wrongful possession of marijuana; and 6) for wrongful 
distribution of marijuana. He pled guilty to all but one 
specification and was found guilty for all but one specification; 
wrongful distribution of some amount of marijuana. The sentence 
adjudged on 10 Oct 02 was a BCD, confinement for 8 months, and 
reduction to the grade of E-1. The applicant was discharged on 
31 Dec 03 after serving 3 years, 1 month, and 18 days on active 
duty. 


 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial. JAJM states the applicant’s 
defense counsel asked that a sanity board be conducted on the 
applicant based on his suspected alcohol and marijuana 
dependence, personality disorder, and suicidal ideations. The 
sanity board found that, at the time of the alleged offenses, the 
applicant did suffer from severe mental disorders, but was able 
to appreciate the nature and wrongfulness of his conduct. The 
board further determined the applicant had sufficient mental 
capacity to understand the nature of the proceedings and to 
cooperate intelligently in his own defense. JAJM notes that 
during the sentencing portion of the court-martial, the applicant 
made an unsworn statement. He apologized for his actions and 
accepted “full responsibility” for using drugs. He also 
mentioned his mental health issues, noting the progress he had 
made through psychiatric counseling. The military judge 
sentenced him to confinement for eight months, reduced him to 
airman basic, and discharged him with a BCD. The applicant has 
not shown any error or injustice related to his prosecution or 
sentence. His only assertion of error is the implication that 
his mental disorders excuse his criminal sentence. However, as 
mentioned earlier, he was given a full evaluation of his 
disorders during the course of the sanity board and it was 
determined he was capable of standing trial. The applicant has 
not provided any new evidence that was not available to the 
military judge for his consideration at the trial. Furthermore, 
while clemency may be granted, he has not provided any 
information to support an idea that he has turned his life around 
or that he has made a difference in his community. 

 

The AFLOA/JAJM complete evaluation is at Exhibit C. 

 

The BCMR Medical Consultant recommends denial. The Medical 
Consultant states the applicant’s commander considered his mental 
competence and proceeded with the court-martial action. The 
Medical Consultant is aware that bipolar disorder may present 
with instances of poor judgment and impulse control at a given 
time. He is also aware of instances in which a person may pursue 
use of alcohol or an illicit drug for the purpose of allegedly 
“self-medicating” a disturbance of mood; however, this does not 
excuse the choice to use illegal drugs. The Medical Consultant 
notes that individuals undergoing court-martial action do not 
qualify for consideration of a MEB or Physical Evaluation Board 
(PEB) action. Furthermore, the applicant has not provided 
sufficient evidence to reflect that a medical discharge should 
have superseded or interrupted the applicant’s involuntary 
discharge, either for the completion of a MEB, PEB, or “dual-
action” analysis by the Secretary of the Air Force Personnel 
Council. 

 


The BCMR Medical Consultant’s complete evaluation is at Exhibit 
D. 

 

_________________________________________________________________ 

 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 4 Feb 11 for review and comment within 30 days. As 
of this date, this office has received no response. 

 

_________________________________________________________________ 

 

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 error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinions and recommendations 
of the Air Force office of primary responsibility and the BCMR 
Medical Consultant and adopt their rationale as the basis for our 
conclusion that the applicant has not been the victim of an error 
or injustice. Therefore, in the absence of evidence to the 
contrary, we find no 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 AFBCMR Docket Number 
BC-2010-01754 in Executive Session on 9 Mar 11, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 


, Member 

, Member 

 

 

The following documentary evidence was considered: 

 

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

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFLOA/JAJM, dated 29 Jun 10. 

 Exhibit D. Letter, BCMR Medical Consultant, 1 Feb 11. 

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

 

 

 

 

 

 Panel Chair