RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01651
			COUNSEL:  NONE
			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to reflect that she was placed on the 
Temporary Disability Retired List (TDRL) in lieu of being 
discharge for misconduct. 

________________________________________________________________

APPLICANT CONTENDS THAT:

Her worsening mental health condition was not considered at the 
time of her “dual-action” process.

Her medical conditions contributed to her poor judgment and the 
resulting consequences surrounding her discharge.

In support of her request, the applicant provides a personal 
statement, copies of medical records, her Medical Evaluation 
Board Narrative Summary, a Department of Veterans Affairs 
Benefits Estimate, and the SAF/MRBP dual-action memorandum.

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 3 Jun 08, the applicant enlisted in the Regular Air Force, 
and she served as a security forces journeyman.  

On 21 Sep 11, a Medical Evaluation Board (MEB) convened and 
referred her case to an Informal Physical Evaluation Board 
(IPEB) with a diagnosis of Major Depressive Disorder, Recurrent, 
Mild with Anxiety Disorder and Pituitary Gland Microadenoma, 
Benign.  

On 30 Nov 11, while her MEB was processing she was notified by 
her squadron commander that he was recommending her discharge 
from the Air Force for misconduct-drug abuse.  The specific 
reasons for the proposed action were:  1) On 10 Sep 11, she was 
convicted at a summary court-martial for using marijuana between 
on or about (o/a) 12 Jun 11 and 12 Jul 11, and was sentenced to 
15 days confinement and restriction to base for 30 days; 2) On 
9 Nov 11, she received a Letter of Reprimand (LOR) for 
possessing DZ-L (herbal intoxicant/Spice) between o/a 13 Aug 11 
and 13 Sep 11; and 3) On 29 Mar 11, she received an Article 15 
for possessing, using, and distributing the prescription drug 
Cyclobenzaprine on divers occasions between o/a 1 Aug 10 and 
21 Feb 11, and using DZ-L on divers occasions between o/a 1 May 
10 and 21 Feb 11.  Her punishment consisted of a reduction to 
the grade of airman basic, a suspended forfeiture of $733.00 pay 
per month for two months, 30 days extra duty, and a reprimand.

She acknowledged receipt of the notification of discharge, and 
waived her rights to consult with legal counsel and to submit 
statements in her own behalf.  

On 8 Dec 11, the base legal office found the case legally 
sufficient to support the separation, and on 9 Dec 11, the 
discharge authority directed a general (under honorable 
conditions) discharge without probation and rehabilitation.

On 12 Dec 11, the IPEB found her unfit for further military 
service and recommended placement on the TDRL with a disability 
rating of 50 percent.  The applicant concurred with the findings 
of the IPEB.

On 15 May 12, the Secretary of the Air Force Personnel Council 
(SAFPC) considered the applicant’s case as a dual-action case 
and determined the applicant should be discharged by execution 
of the approved discharge action for misconduct.

On 11 Jun 12, the applicant was discharged by reason of 
Misconduct (Minor Infractions) and received a general (under 
honorable conditions) discharge.  She served on active duty for 
a period of 3 years, 11 months, and 27 days.  

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states that based on the 
documentation on file in the master personnel records, the 
discharge was consistent with the procedural and substantive 
requirements of the discharge instruction and was within the 
discretion of the discharge authority.  The applicant did not 
submit any evidence or identify any errors or injustices that 
occurred in the discharge processing.  

SAFPC reviewed the applicant’s discharge action under AFI 36-
3208, Administrative Separation of Airmen, paragraph 5.54 for 
Drug Abuse, as well as her Disability Evaluation System (DES) 
case under AFI 36-3212, Physical Evaluation for Retention, 
Retirement, and Separation, for a Disability Disorder – Major 
Depressive Disorder with Anxiety Disorder.  After reviewing the 
available facts and evidence, SAFPC determined there was no 
causal relationship between the applicant’s medical condition 
and her misconduct, and that there were insufficient mitigating 
factors to disregard the disciplinary action.  SAFPC determined 
the execution of the previously approved AFI 36-3208 action was 
appropriate.

The complete DPSOR evaluation is at Exhibit C.

AFPC/DPFD recommends denial.  DPFD states the preponderance of 
evidence reflects that no error or injustice occurred during the 
disability process or at the time of separation.

DPFD states they were notified that the applicant was being 
processed for administrative discharge in accordance with AFI 
36-3208.  When a case is being processed with a final 
recommendation of unfit, and an administrative action is 
pending, the case is processed as a dual-action case and 
forwarded to SAFPC for finalization.  On 15 May 12, SAFPC 
terminated the action under the provisions of AFI 36-3212 and 
directed the applicant be discharged for misconduct.  This 
stopped the disability process and the applicant was 
administratively discharged effective 11 Jun 12.

The complete DPFD evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 Jun 13, copies of the Air Force evaluations were forwarded 
to the applicant for review and comment within 30 days (Exhibit 
E).  As of this date, this office has received no response.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice.  The 
applicant’s contentions are duly noted; however, we agree with 
the opinions and recommendations of the Air Force offices of 
primary responsibility and adopt their rationale as the basis 
for our conclusion that the applicant has not been the victim of 
an error or injustice.  The applicant’s case was properly 
processed through the Secretary of the Air Force Personnel 
Council as a dual action case where a determination was made 
that she be discharged for misconduct, rather than placing her 
on the TDRL.  Therefore, it is our opinion that the applicant 
has failed to sustain her burden of proof that she has been the 
victim of an error or injustice.  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 Docket Number    
BC-2013-01651 in Executive Session on 27 Jan 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Mar 13, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOR, dated 16 May 13.
    Exhibit D.  Letter, AFPC/DPFD, dated 5 Jun 13.
    Exhibit E.  Letter, SAF/MRBR, dated 28 Jun 13.




				Panel Chair