ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00913
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to update his general (under honorable conditions) discharge to honorable.
________________________________________________________________
RESUME OF CASE:
On 25 Apr 06, the Board considered and denied the applicants original request to upgrade his general discharge to honorable based upon the fact that his application was not filed in a timely manner. For an accounting of the facts and circumstances surrounding the applicants original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit C.
In his latest submission, dated 10 Oct 12, the applicant requests reconsideration of his case, contending it was unjust to deny his initial application due to timeliness, because his inability to file his application in a timely manner was due to his medical condition. In support of his contention, he provided new evidence comprised of his Department of Veteran Affairs (DVA) disability rating of 100 percent due to schizophrenia and a recent U.S. Supreme Court decision concerning timeliness during DVA appeal procedures.
The applicants complete submission, with attachments, is at Exhibit D.
______________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends granting the applicants request indicating the existence of an error or injustice. On 9 Jun 72, during the legal review of the applicants discharge, the Staff Judge Advocate acknowledged the squadron commanders recommendation for a general discharge, but opined that the file as presently constituted does not contain sufficient justification for the issuance of a general discharge. This is especially true in view of the reason for discharge, the conspicuous lack of disciplinary action. Therefore, as a matter of law, I find that the justification for general discharge in the file is legally insufficient to support a general discharge. However, a different analysis of the case by an evaluation officer found that the applicants communicated threats of harm to the applicants commander and himself [in addition to being disrespectful while his commander was administering non-judicial punishment] warranted a general discharge. On 13 Jun 12, the DVA completed their rating decision on the applicant indicating he was 100 percent disabled due to schizophrenia. Individuals discharged due to a personality disorder are generally issued an honorable discharge; except where there has been misconduct sufficient to outweigh the honorable characterization. However, in view of the apparent evolution of the applicants mental condition over three decades into a total disabling and diagnosable psychotic disorder [once even taken into consideration during service, but changed to a personality disorder], the Medical Consultant sees no benefit of continuing to characterize his brief service as general, when it, as likely as not, could have been implicated in the verbal threats of harm to himself and his commander. It is interesting to note that when an individual desires to kill him or herself, he or she is issued an honorable discharge; but when desiring to kill others as well, it becomes less than honorable. This distinction when dealing with psychopathology is likely more about public opinion and laws against murder, rather than the science that belies this type of thinking, in the opinion of this non-mental health provider. Therefore, while the evidence is certainly not sufficient to supplant the applicants administrative discharge with a medical separation or retirement, upgrading the discharge to honorable should be taken into consideration; even if as a matter of clemency.
The complete copy of the Medical Consultants evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 31 Jul 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was untimely filed; however, it is in the interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion that relief should be granted. Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the requested relief. Therefore, we recommend the applicants record be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 9 June 1972, he was discharged with service characterized as honorable.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2011-00913 in Executive Session on 29 Aug 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The following documentary evidence was considered:
Exhibit C. Record of Proceedings, dated 21 Dec 11, w/atchs.
Exhibit D. DD Form 149, dated 10 Oct 12, w/atchs.
Exhibit E. Letter, BCMR Medical Consultant, dated 29 Jul 13.
Exhibit F. Letter, AFBCMR, dated 31 Jul 13.
Panel Chair
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