RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03111

	 		COUNSEL:  NONE

			HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to general (under 
honorable conditions).

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APPLICANT CONTENDS THAT:

He suffered a nervous breakdown after his family was taken out 
of the war zone during Operation Just Cause.  He was diagnosed 
with Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain 
Injury (TBI); both conditions were overlooked.  

As a combat veteran who served on active duty in Panama, he is 
asking the Board to reverse the actions taken against him due to 
his PTSD by throwing out the convictions and issuing him an 
honorable discharge.

In support of his appeal, the applicant provides documentation 
from his master personnel records, excerpts from his medical 
records, articles regarding PTSD and TBI and other supporting 
documentation.

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

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STATEMENT OF FACTS:

The applicant enlisted in the regular Air Force on 7 June 1979.  
On 4 March 1988, he pled guilty and was found guilty by general 
court-martial of wrongfully using cocaine, in violation of 
Article 112a, Uniform Code of Military Justice (UCMJ).  He was 
sentenced to a bad conduct discharge, confinement for 10 months, 
and reduction to the grade of airman basic.  On 20 September 
1988, confinement in excess of 9 months was remitted.  On 
20 December 1988, the convening authority ordered the bad 
conduct discharge be executed. 

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  On 9 February 1988, the convening 
authority referred one charge and one specification of wrongful 
use of cocaine, in violation of Art 112a, UCMJ, to a general 
court-martial.  On 23 February 1988, at the request of the trial 
counsel, the military judge ordered a sanity board.  The 
applicant was apparently receiving mental health care at the 
time.  After conducting the sanity board, the clinical 
psychologist reported the applicant did not have a severe mental 
disorder or defect at the time of the criminal misconduct.  He 
was suffering from adjustment disorder and depressed mood and 
was able to appreciate the wrongfulness of his conduct.  After 
considering the extenuating and mitigating factors, the military 
judge sentenced him to a bad conduct discharge, confinement for 
10 months, forfeiture of $100.00 per month for 10 months and 
reduction to E-1. 

On 22 April 1988, the convening authority approved the findings 
and the sentence.  The applicant appealed to the Air Force Court 
of Criminal Appeals; however, they affirmed the findings and the 
sentence.  On 20 September 1988, the convening authority 
remitted confinement in excess of nine months.  The applicant 
petitioned the Court of Military Appeals; however, that petition 
was denied.  

Title 10 U.S.C 1552(f) limits the Boards ability to correct 
court-martial records.  Specifically, it permits the correction 
of a record to reflect actions taken by a reviewing authority 
and the correction of records related to action on the sentence 
of courts-martial for the purpose of clemency.  Apart from these 
two limited exceptions, the Board is without authority to 
reverse, set aside, or otherwise expunge a court-martial 
conviction that occurred after 5 May 1950.

The applicant requests his bad conduct discharge be upgraded.  
He claims to have suffered a nervous breakdown after his family 
was taken out of Panama due to Operation Just Cause.  He points 
to PTSD which was diagnosed in 2012 as justification for this 
upgrade and states he has been treated for these conditions for 
20 years.  Although the applicant may not have been diagnosed 
with PTSD in 1988, there was evidence of his mental health 
condition, which he was free to present at his court-martial.  
The developed understanding of PTSD since 1988 is not enough to 
constitute an error or injustice which would justify eliminating 
the punitive discharge he received as a result of his knowing 
and conscious decision to use cocaine while in the military.  

Rules for Court-Martial 1003(b)(8)(C) states a bad conduct 
discharge is designed as punishment for bad conduct.  It also 
indicates that a bad conduct discharge is more than merely a 
service characterization; it is punishment for crimes committed 
while a member of the Armed Forces.  The applicant’s sentence 
was an appropriate sentence for the offenses committed and well 
within the legal limits.  A bad conduct discharge was and 
continues to be part of a proper sentence.  Additionally, his 
record of trial shows no error in the processing of his court-
martial.

The complete JAJM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant for review and comment on 30 August 2013 (Exhibit D).  
As of this date, this office has received no response.

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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 note this 
Board is without authority to reverse, set aside, or otherwise 
expunge a court-martial conviction.  Rather, in accordance with 
Title 10, United States Code, Section 1552(f), our actions are 
limited to corrections to the record to reflect actions taken by 
the reviewing officials and action on the sentence of the court-
martial for the purpose of clemency.  We find no evidence which 
indicates the applicant’s service characterization, which had 
its basis in his court-martial conviction and was a part of the 
sentence of the military court, was improper or that it exceeded 
the limitations set forth in the Uniform Code of Military 
Justice (UCMJ).  We have considered the applicant's overall 
quality of service, the court-martial conviction which 
precipitated the discharge, the seriousness of the offenses to 
which convicted.  Based on the evidence of record, we cannot 
conclude that clemency is warranted.  In view of the above, we 
cannot recommend approval based on the current evidence of 
record.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-03111 in Executive Session on 1 April 2014, under 
the provisions of AFI 36-2603:


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, 23 Jun 13, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFLOA/JAJM, dated 19 Aug 13. 
    Exhibit D.  Letter, SAF/MRBR, dated 30 Aug 13.