RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02923
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be corrected to show that he was placed on the
Temporary Disability Retired List (TDRL).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged due to alcohol abuse; however, it was his
method of self-medication for his anxiety condition. His
anxiety condition was later determined to be service aggravated
and rated 30 percent disabling by the Department of Veterans
Affairs (DVA).
In support of the request, the applicant provides copies of a
letter from the Indiana American Legion, his AF Form 356, Informal Physical Evaluation Board (IPEB) Findings and
Recommended Disposition of USAF Physical Evaluation Board; and a
University of Manitoba Research Summary website extract.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 Jan 09, the applicant entered the Regular Air Force.
On 29 Mar 10, the applicant was notified of pending discharge
action. Specifically, the commander cited conduct prejudicial
to good order and discipline as the basis for discharge. The
applicants misconduct included two Articles 15, Record of
Nonjudicial Punishment Proceedings, Uniform Code of Military
Justice, for failure to refrain from drinking alcohol while
under the age of 21 years and for physically controlling a
vehicle while his blood alcohol concentration was .10, and a
Letter of Reprimand for disobeying a direct order by driving on
base with suspended driving privileges.
On 7 Apr 10, the applicant was referred to the IPEB for
generalized anxiety disorder (existed prior to service),
aggravated by the service with panic disorder with agoraphobia.
The IPEB recommended placement on the TDRL with a disability
rating of 30 percent.
On 19 Apr 10, the applicant concurred with the findings of the
IPEB. However, since the applicant had a final recommendation
of unfit and an administrative action pending, his case was
processed as a dual action case and forwarded to the Secretary
of the Air Force Personnel Council (SAFPC) for a final
determination.
On 17 May 10, and after reviewing all the facts and
circumstances of the case, SAFPC directed discharge and noted
that while the applicants condition may have been an aggravator
of his stress, it did not form the basis of his choices to
engage in misconduct. Further, SAFPC opined that the
applicants symptoms reflected a non-service related natural
progression of his pre-existing condition.
On 28 May 10, the applicant was discharged with a UOTHC
discharge and with a narrative reason for separation of
Misconduct-Other. He is credited with one year, four months,
and two days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states the applicants
narrative reason for separation, to include the characterization
of service, was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of the discharge authority. Further, the applicant
did not submit any evidence or identify any error or injustices
that occurred in the discharge processing. He provided no facts
warranting an upgrade to his discharge characterization.
The complete DPSOS evaluation is at Exhibit C.
HQ AFPC/DPSD recommends denial. DPSD states the preponderance
of evidence reflects that no error or injustice occurred during
the disability process or at the time of the applicants
separation.
The complete DPSD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to the
applicant on 25 Mar 11 for review and comment within 30 days
(Exhibit E). As of this date, this office has not received a
response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The BCMR Medical
Consultant concedes alcohol use commonly accompanies a
disturbance of mood, e.g., anxiety and/or depression, either as
a precipitating cause or may result in its usage. However, the
applicant was given the opportunity to comply with the full
participation in treatment program, which included medications,
psychotherapy, and the ADAPT program, to address his domestic,
anxiety, and alcohol-related problems, yet he elected to
continue to violate the law (underage drinking). The BCMR
Medical Consultant is of the opinion that the applicant has not
met the burden of proof of a material error or injustice that
justifies the desired change of record.
The complete BCMR Medical Consultants evaluation is at
Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the BCMR Medical Consultants evaluation was forwarded
to the applicant on 14 Jun 11 for review and comment within
30 days (Exhibit G). As of this date, this office has not
received a response.
_________________________________________________________________
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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. In the absence of evidence to the contrary, we find
no basis for us 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-2010-02923 in Executive Session on 21 July 2011, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 June 2010, w/atchs.
Exhibit B. Applicant's Military Personnel Records.
Exhibit C. AFPC/DPSOS, Letter, dated 13 January 2011.
Exhibit D. AFPC/DPSD, Letter, dated 2 February 2011.
Exhibit E. SAF/MRBR, Letter, dated 25 March 2011,
w/atch.
Exhibit F. BCMR Medical Consultant, Letter, dated
13 May 2011.
Exhibit G. SAF/MRBR, Letter, dated 14 June 2011, w/atch.
Panel Chair
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