RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01832
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect:
1. His general (under honorable conditions) discharge be
upgraded to honorable discharge or his type of separation be
changed to medical.
2. His narrative reason for separation of misconduct be
changed.
3. His reentry (RE) code of 2B (Separated with a general or
under-other-than-honorable-conditions (UOTHC) discharge) be
changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During the time of his separation, he was undergoing medical
health treatment and was not allowed to complete the treatment.
He felt harassed and discriminated against.
His symptoms, due to the medication Accutane were not taken
into consideration when his commander vacated his Article
15 punishment and initiated his discharge. He experienced
multiple side effects, to include depression, while on Accutane.
The depression continued for several years after he stopped
taking the medication. He began mental health treatment on 5 Mar
05.
He was accused of being absent without leave (AWOL) during an
exercise; however, the incident was dismissed by his commander.
He was informed he could be discharged due to his lack of
progression in training. He was accused of an infraction he did
not commit and threatened with a court-martial. He pled guilty
and accepted an Article 15 so that he could move on with his
career. In Mar 05, he felt hopeless and suicidal. His chain of
command made it impossible for him to continue his medical
treatments due to his work schedule. His claim is based on the
fact he was discriminated against for no reason.
He feels his discharge was unjust and too harsh. The misconduct
reference hinders his ability to acquire future federal
employment. Since his discharge, he has completed an Associates
degree and is working on his Bachelors degree. He would like to
receive the GI Bill benefits that he contributed into but due to
his discharge is unable to use.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 17 Sep 02, the applicant enlisted in the Regular Air Force.
On 6 Jul 05, his commander notified him that he was recommending
his separation from the Air Force under the provisions of AFPD
36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airman, for Misconduct: A Pattern
of Misconduct, Conduct Prejudicial to Good Order and Discipline.
The specific reasons for the action were: Between 19 Aug 03 and
18 May 05, the applicant received two (2) letters of counseling
(LOC); four (4) letters of reprimand (LOR) and two (2) Article
15s for various infractions (for a detailed review of the
applicants infractions, see the Notification Memorandum, dated
6 Jul 05, included in Exhibit B). The applicant acknowledged
receipt of the discharge notification and waived his right to
submit a statement in his own behalf. A review of the discharge
case file by the Staff Judge Advocate was found legally
sufficient. On 19 Jul 05, the discharge authority approved the
recommended discharge. On 20 Jul 05, the applicant was issued a
general (under honorable conditions) discharge for misconduct.
He served 2 years, 10 months and 4 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Advisor recommends denial since the applicant
has not meet the burden to support his petition for a medical
discharge due to the use of Accutane or any existing mental
health condition present at the time of separation. Accutane was
prescribed for the applicants skin condition in Apr 05 and
continued on for a twenty-week cycle of therapy. His records
indicate he experienced a good response to the medication with
minimal side effects. Progress notes throughout the course of
treatment indicate the absence of any mental health effects from
the medication and documented negative entries for any
depression, joint aches or abdominal pain. One twenty-week cycle
of therapy was prescribed and the medication was very well
tolerated throughout the treatment period which concluded in
Oct 05.
On or around 24 Feb 05, prior to starting Accutane, the applicant
participated in an initial intake appointment in the Life Skills
Support Center (LSSC). During the process, the psychologist
documented the applicants comments that he wanted to get out of
the military and had been referred for occupational problems.
His intake assessment indicated an Axis I diagnosis of
occupational problems and no medication was ever prescribed
during his interaction with the LSSC. He was recommended for
group and individual counseling sessions. There is no record of
additional life skills therapy after Mar 05. The applicant
remained world-wide qualified throughout the course of therapy
and no profiles or duty restrictions were issued by the mental
health provider.
His Enlisted Performance Reports (EPRs) during the period 17 Sep
02 through 16 May 04 indicate satisfactory performance for
accomplishment of assigned duties, compliance with military
bearing standards and on/off duty contact. However, his EPR for
the period 17 May 04 through 22 Nov 04 indicates a significant
decline in overall performance rating by his rater and squadron
commander. Deficiencies were documented in conduct on/off duty,
compliance with training requirements and inefficient performance
of assigned duties.
The Medical Advisor notes the governing instruction used in the
applicants discharge, includes conduct of a nature that tends to
disrupt order, discipline or morale within the military
community. The type of misconduct usually involves causing
dissent, disruption and degradation of mission effectiveness.
The Medical Advisor opines that the applicant clearly
demonstrated the pattern of behavior which justified
administrative separation not due to any medical treatment or
mental health diagnosis.
The complete BCMR Medical Advisors evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 14 Dec 12, for review and comment within 30 days. As of this
date, this office has received no response (Exhibit D).
_________________________________________________________________
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 to warrant an upgrade
to honorable, or to change to his narrative reason for separation
or reentry code. 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 characterization
of the service was contrary to the provisions of the governing
regulation, unduly harsh, or disproportionate to the offenses
committed. Regarding his request to change his type of
separation to medical, after a thorough review of the evidence of
record and careful consideration of the applicant's contentions,
we are not persuaded that he has been the victim of an error or
injustice. Therefore, we agree with the opinion and
recommendation of the BCMR Medical Advisor and adopt his
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in view
of the above and 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 this application in
Executive Session on 20 Feb 13, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-01832:
Exhibit A. DD Form 149, dated 9 Apr 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Advisor, dated 13 Dec 12.
Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12.
Panel Chair
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