RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04643
COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be changed to
a medical discharge.
______________________________________________________________
APPLICANT CONTENDS THAT:
In Feb 1983, he was the victim of a Military Sexual Trauma
(MST), which ultimately required hospitalization for surgical
intervention to treat severe trauma to his rectum, after which
he developed Post Traumatic Stress Disorder (PTSD), which then
resulted in turning to drugs and alcohol to drown out his pain,
shame, and embarrassment.
He made a false report to emergency medical personnel at a Air
Force Hospital regarding a boil on his buttocks, which he
reported was a recurring medical problem since childhood. He
was too embarrassed and ashamed and failed to reveal that he had
been raped.
The Air Force was his life and he has suffered in silence for
many years. He is now 100 percent permanently and totally
disabled as determined by the Department of Veterans Affairs
(DVA) and is still being treated for this MST at a DVA Hospital.
In support of his request, the applicant provides a four page
supplemental memorandum describing details of the circumstances
leading to and following his sexual trauma, copies of statements
from his physicians, his medical records and other documents in
support of his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
On 20 Dec 1979, the applicant enlisted in the Regular Air Force
for a period of four years.
On 23 Jun 1983 his commander recommended his discharge from the
Air Force for a pattern of misconduct under the provisions of
AFR 39-10, Administrative Separation of Airmen. The specific
reasons for this action were:
On 15 Sep 1982 he was speeding on base.
On 8 Oct 1982 he destroyed a pane of glass valued at
12 pounds.
On 2 and 9 Oct 1982 he wrote checks which were returned due
to insufficient funds.
On 9 Oct 1982 he struck an individual in the face.
On 28 Oct 1982 he again wrote a check which was returned
due to insufficient funds.
On 1 Nov 1982 he failed to appear for a mandatory roll call
formation.
On 2 Nov 1982 he was late for duty.
On 4 Nov 1982 he failed to show any proficiency during
weapons load training recertification.
On 5 Nov 1982 he was found sleeping on duty and wearing a
watch.
On 29 Nov 1982 he reported late for duty.
On 2 and 3 Dec 1982 he failed to go at the time prescribed
to his appointed place of duty.
On 3 Jan 1983 he was argumentative, used obscene language,
and failed to obey a lawful order.
On 15 Feb 1983 he wrongfully possessed some quantity of
marijuana. On 2 Mar 1983 he received an Article 15 and was
reduced in rank to airman first class (A1C, E-3).
On 7 Apr 1983 he failed to report for duty as directed.
On 21 Apr 1983 he was delinquent in making a payment under
the Deferred Payment Program.
On 25 Apr 1983 he failed to report for duty at the
appointed time and place.
On 29 Apr 1983 he failed a scheduled dormitory inspection.
On 12 May 1983 he failed to report for duty at the
appointed time and place.
On 17 May 1983 he again failed to go at the time prescribed
to his appointed place of duty. On 20 May he received an
Article 15 and was reduced in rank to Airman (Amn, E-2).
On 29 Jun 1983, the applicant acknowledged receipt of the
recommendation for discharge and provided a statement for the
commanders consideration.
On 29 Jun 1983, the Staff Judge Advocate reviewed the case and
found it legally sufficient.
On 12 Jul 1983, the applicant was discharged from the Air Force
with a general (under honorable conditions) discharge in the
grade of Amn. He served 3 years, 6 months, and 23 days of total
active service.
______________________________________________________________
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 find no evidence of an error or injustice
that occurred in the discharge processing. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
The applicant has provided no evidence which would lead us to
believe the discharge was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to the
offenses committed. In this respect we note that although the
applicant required surgical treatment during his military
service, the evidence does not reflect the condition for which
he was treated was permanently disabling or prevented him from
reasonably performing his military duties. Moreover, even if
the applicant was diagnosed with a disqualifying medical
condition prior to his separation, he would have concurrently
been the subject of a "dual action" review [medical and
administrative] by the Secretary of the Air Force Personnel
Council which would have still rendered the applicant vulnerable
for an administrative discharge; considering the drug abuse and
multiple other infractions prior to the incident that reportedly
caused a downward spiral of his Air Force career. The Board
empathizes with the ordeal reportedly experienced by the
applicant during his military service and is very pleased to see
he is receiving the necessary care and compensation by the
National Institutes of Health and the DVA since leaving military
service. However, in view of the above and absent persuasive
evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
______________________________________________________________
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 this application
in Executive Session on 5 Sep 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to BC-2011-04643
was considered:
Exhibit A. DD Form 149, dated 9 Nov 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Panel Chair
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