AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00155
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_______________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from
Active Duty, reflect he was separated for a medical condition
existing prior to service.
_______________________________________________________________
APPLICANT CONTENDS THAT:
DD Form 2697, Report of Medical Assessment, completed on 17 Apr
2008, should reflect he experienced symptoms of social anxiety
disorder as previously diagnosed on 30 Apr 2004.
On 12 Nov 2009, following his discharge from the Air Force, he
obtained copies of his medical records reflecting his diagnosis
of social anxiety. The Diagnostic and Statistical Manual of
Mental Disorders reflects social anxiety leads to excessive
alcohol consumption. His driving infractions in 2007 and
2008 occurred following social gatherings where he excessively
consumed alcohol due to his social anxiety disorder, which is a
medical condition existing prior to service.
In support of his request, the applicant provides a copy of his
civilian medical evaluation.
The applicant's complete submission, with attachment, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
On 9 Aug 2005, the applicant enlisted in the Regular Air Force
for a period of four years.
On 6 Jan 2005, the applicant completed a DD Form 2807-2,
Medical Pre-Screen of Medical History Report, on which he
placed his initials in the block indicating "No" in response to
questions asking if he was ever seen by a psychiatrist, social
worker, counselor or other professional for any reason
(inpatient or outpatient), including counseling or treatment
for school, adjustment, family, marriage, or any other problems
to include depression or treatment for alcohol, drug, or
substance abuse."
On 2 Feb 2005, the applicant completed DD Form 2807-1, Report
of Medical History, on which he again checked the block "No" in
response to questions indicating that he had not received
A
indicated
an
result
breathalyzer
counseling of any type, had not experienced depression or
excessive worry, and had not been evaluated or treated for a
mental condition.
On 3 Apr 2008, his commander notified him that he was
recommending his separation from the Air Force for a pattern of
misconduct, specifically conduct prejudicial to good order and
discipline under the provisions of AFI 36-3208, Administrative
Separation of Airmen. The specific reasons for this action
were:
On or about 31 Dec 2006, he was discovered in the parking lot
of a dormitory, in physical control of a truck, while his
alcohol concentration was .08 percent. For this offense he
received an Article 15 and was reduced to the grade of airman
(Amn, E-2).
On or about 18 Mar 2008, he was stopped for speeding and was
subsequently arrested for driving under the influence (DUI) of
alcohol.
alcohol
concentration of .13 percent, which is over the DUI legal limit
of .08 percent. For this offense he received a Letter of
Reprimand (LOR).
On 18 Apr 2008, he acknowledged receipt of the notice of
discharge and submitted statements for consideration.
On 21 Apr 2008, the Staff Judge Advocate (SJA) reviewed the
case and recommended he be separated with a general discharge
without probation and rehabilitation.
On 7 May 2008, the applicant was discharged from the Air Force
with a general discharge in the grade of airman first class (E-
3). He served 2 years, 8 months and 29 days of total active
service.
On 29 Jun 2011, the applicant's case was presented before the
Air Force Discharge Review Board (DRB) in his appeal for an
upgrade of discharge to honorable, contending that his
discharge was inequitable because it was "too harsh." The DRB
noted that on 15 Apr 2008 ,prior to discharge, the applicant
completed a DD Form 2697, on which he "did not note any
physical or mental issues and was cleared for separation." The
DRB concluded that the "negative aspects of the applicant's
service outweighed the positive contributions he made in his
Air Force career," in deciding to deny the applicant's appeal
for an upgrade of discharge characterization to honorable.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit C.
_______________________________________________________________
AIR FORCE EVALUATION:
2
The BCMR Medical Consultant recommends denial. The BCMR
Medical Consultant states after several episodes of care with
military mental health providers, the applicant's mental health
evaluations consistently failed to identify a diagnosable or
disqualifying mental disorder that would demonstrate a clear
causal relationship with his alcohol-related incidents;
notwithstanding the "psychosocial stressors" identified on
10 Apr 2008. Moreover, although the applicant contends that a
pre-existing social anxiety disorder may explain his decision
to use of alcohol, it does not excuse its recurrent
inappropriate use while in control of a motor vehicle.
Likewise, there is no indication that any diagnosable mental
disorder interfered with the applicant's ability to distinguish
right from wrong or rendered him incompetent in thought
processes and decision-making. The BCMR Medical Consultant
acknowledges that a general discharge after two alcohol-related
incidents, occurring nearly two years apart and successful
completion of the Air Force Alcohol and Drug Abuse Prevention
and Treatment (ADAPT), without a disqualifying diagnosis, in an
otherwise top performing service member may appear too harsh to
the casual observer. However, it is likely that the applicant
as a member of Security Forces, he was held to a higher
standard of conduct. Thus, the BCMR Medical Consultant opines
the applicant's commander acted within his authority to
administratively discharge the applicant and, thus, opines the
applicant has not met the burden of proof of an error or
injustice that warrants the desired change of the record.
The complete BCMR Medical evaluation is at Exhibit C.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 Oct 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by
this office (Exhibit D).
_______________________________________________________________
3
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 to warrant
promotion to the rank of staff sergeant. 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 BCMR Medical Consultant and adopt his rationale as the
basis for our conclusion 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 Docket Number BC-
2012-00155 in Executive Session on 15 Nov 2012, under the
provisions of AFI 36-2603:
The following documentary evidence was considered in AFBCMR BC-
2012-00155:
Exhibit A. DD Forms 149, dated 17 Jul 2012, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 15 Oct
2012.
Exhibit D. Letter, SAF/MRBC, dated 16 Oct 2012.
Panel Chair
Member
Member
Panel Chair
4
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