RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04483
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
an honorable or a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She has been awarded compensation from the Department of Veterans
Affairs (DVA) for medical conditions (post-traumatic-stress-
disorder (PTSD), migraines and back problems) due to an in-
service trauma which led to her discharge from the Air Force.
In support of the applicants appeal, she provides a personal
statement, DD Form 293, Application for the Review of Discharge
from the Armed Forces of the United States, and a Department of
Veterans Affairs (DVA) Rating Decision.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 23 October
1996.
The applicant was notified by her commander of his intent to
recommend her discharge from the Air Force under the provisions
of AFPD 36-32 and AFI 36-3208 - Unsatisfactory Performance. The
specific reasons follow:
a. The applicant did between 11 June 1997 and 20 August
1997 receive numerous Letters of Counseling (LOCs) for
dereliction in the performance of her duties, insubordination to
a superior, repeated and numerous errors in her work product, and
for failing to go at the time prescribed to her appointed place
of duty.
b. The applicant did on 18 August 1997 treat her supervisor
with disrespect in language and deportment - for this misconduct
she received a Letter of Reprimand (LOR).
c. On 23 July 1997, the applicant received a Memorandum for
Record (MFR) which indicated while in training at Kessler AFB,
the applicants primary instructor and supervisor were reluctant
to send the applicant to the field because she failed almost
every task at least once, many twice, and had some trouble with
authority during her training.
d. AF Forms 623a, On-The-Job-Training Record, reflect the
applicant did not progress on the job as anticipated, she did not
perform at the 3-skill level, and she was derelict in the
performance of her duties.
She was advised of her rights in this matter and after consulting
with counsel the applicant elected to submit a statement on her
own behalf. In a legal review of the case file, the staff judge
advocate found the case legally sufficient and recommended
discharge. The discharge authority concurred with the
recommendation and directed a general (under honorable
conditions) discharge. The applicant was discharged on
14 October 1997. She served 11 months and 22 days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states the applicant did not
submit any evidence or identify any errors or injustices in the
processing of her separation. Based on the documentation on file
in the master personnel records, the applicants discharge to
include her narrative reason for separation was appropriately
administered and was properly reflected on her DD Form 214, Certificate of Release or Discharge from Active Duty.
The DPSOS complete evaluation is at Exhibit C.
The AFBCMR Medical Consultant recommends denial. The Medical
Consultant states the applicant contends that certain medical
conditions caused her poor duty performance. However, no
evidence is presented, e.g., medical narratives, episodes of
care, psychiatric evaluations, and pro-file restrictions imposed
of a sufficient level, e.g., S4T profile, or a duration to
indicate the applicant was unable to perform the duties of her
office; grade, rank, and rating to justify a Medical Evaluation
Board; nor which rendered her non-worldwide qualified due to any
medical conditions or not expected to resolve within 365 days.
There is a suggestion in an email transmission that the applicant
may have experienced some emotional trauma following the suicide
of her training partner. No medical documentation is presented
to show this interfered with her military service or caused her
poor duty performance.
The Medical Consultant is empathetic with the applicants desire
for an upgrade of discharge to honorable, noting the
preponderance of her disciplinary infractions were performance,
and not misconduct, related. Absent the applicants misconduct,
an honorable character of service would be appropriate. The
discharge authority and the legal reviewer were completely aware
of and likely considered this option, but found the general
discharge legally sufficient. Thus, to supplant the discharge
characterization with an honorable would be based solely on a
difference of opinion or interpretation of the weight of evidence
[performance and misconduct] versus legal sufficiency alone.
Consequently, the Medical Consultant opines the burden of proof
of error or injustice has not been met for the desired changes of
the record. The board may yet decide upon an upgrade of
discharge based upon clemency or if an interpretation of the
weight of evidence suggests that the general service
characterization was too harsh. The applicant is advised that
she has not exhausted all administrative remedies, as she remains
eligible for presenting her case before a Discharge Review Board,
via administrative review or personal appearance, for which she
may present additional facts and evidence, with legal counsel and
witnesses to support her contentions.
The Medical Consultants complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 November 2012, copies of the Air Force evaluations were
forwarded to the applicant for review and response within 15 days
(Exhibit E). As of this date, no response has been received by
this office.
_________________________________________________________________
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 an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the AFBCMR Medical Consultant and the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has failed to sustain
his burden of proof of the existence 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 following members of the Board considered AFBCMR Docket
Number BC-2011-04483 in Executive Session on 27 November 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04483 was considered:
Exhibit A. DD Form 149, dated 1 February 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 1 March 2012.
Exhibit D. Letter, AFBCMR Medical Consultant,
dated 5 November 2012.
Exhibit E. Letter, AFBCMR, dated 13 November 2012.
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