RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03144

		COUNSEL:  NONE

		HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

1.  His administrative discharge be changed to reflect he was granted a disability retirement.  

2.  His narrative reason for separation, as reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from “Misconduct – Pattern Discreditable Involvement with Military or Civil Authorities” to “Post Traumatic Stress Disorder (PTSD).”  

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APPLICANT CONTENDS THAT:

His mental illness was not properly diagnosed by a psychiatrist while he was serving on active duty and has progressively become worse.  He is currently experiencing the effects from PTSD and should have been medically retired instead of receiving an administrative discharge.  

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 1 Nov 83.  

On 9 Jun 84, the applicant was placed under civil arrest for driving under the influence (DUI), for which he received a Letter of Reprimand (LOR) and Unfavorable Information File (UIF).  

On 26 Oct 84, the applicant was arrested for a DUI and driving under suspension, for which he received a LOR and UIF entry.  

On 13 Nov 84, the applicant’s commander was notified that the applicant failed to keep his scheduled appointment for a mental health evaluation on 5 Nov 84.  
On 21 Nov 84, the applicant was notified by his commander of his promotion withholding action.  The specific reason for the action was due to his pending court decision.  
	
On 4 Dec 84, the applicant’s commander was notified that the applicant failed to keep his scheduled appointment for a mental health evaluation on 3 Dec 84.  

On 6 Dec 84, the applicant was notified by his commander of his intent to recommend his discharge for Misconduct.  The reasons for the action included being apprehended twice for a DUI and driving under suspension.  

On 11 Dec 84, the applicant submitted a statement in his behalf in regards to the discharge action.  Specifically, he requested to remain in the military due to his current debts and to attend alcohol rehabilitation classes.  

On 14 Dec 84, the applicant received an Article 15 for failure to go to the mental health clinic, in violation of Article 86, Uniform Code of Military Justice (UCMJ).  His punishment consisted of reduction to the grade of airman basic.  

On 17 Dec 84, the applicant was issued an addendum to his discharge.  Specifically, the aforementioned Article 15 was included as part of the basis for the discharge action.  

On 18 Dec 84, the applicant’s Article 15 and discharge was reviewed and determined to be legally sufficient.  It was determined that although the applicant expressed his desire to remain in the Air Force and overcome an alcohol problem, he failed to appear for his mental health evaluations which could have resulted in his entry into a rehabilitation program.  

On 28 Dec 84, the discharge authority approved the commander’s recommendation, directing the applicant’s administrative discharge without probation and rehabilitation.  

On 9 Jan 85, the applicant was furnished a general (under honorable conditions) discharge under the provisions of AFR 39-10, Administrative Separation of Airmen, for Misconduct – Pattern of Discreditable Involvement with Military or Civil Authorities, and was credited with one year, two months, and nine days of total active service.

A request for post-service information was forwarded to the applicant on 26 Mar 14 for review and comment within 30 days (Exhibit C).  In response, he argues that he has experienced major emotional trauma since his discharge.  He is in need of medical attention for his diagnosed major depression and PTSD which began while on active duty.  He has held numerous odd jobs but has been unable to sustain them, leading him to be homeless and arrest for shoplifting.  In support of his response, he provides a criminal history report, work history, patient treatment plan, dental records and copies of supporting statements (Exhibit D).

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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 an error or injustice.  We took notice of the applicant's complete submission, to include his rebuttal response, in judging the merits of the case; however, other than his own assertions, he has provided no evidence his administrative discharge was inappropriate to the circumstances, that he was denied rights to which he was entitled, or there was an abuse of discretionary authority.  While the applicant argues he was not properly diagnosed with PTSD while on active duty and is currently experiencing its effects, he has presented no evidence whatsoever that his condition was incurred or aggravated by his military service.  In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, we do not find the evidence presented is sufficient to conclude that his accomplishments and contributions to his community since leaving the service are sufficient to overcome the misconduct for which he was discharged.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2013-03144 in Executive Session on 8 May 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03144 was considered:

    Exhibit A.  DD Form 149, dated 27 Jun 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 26 Mar 14, w/atch.
    Exhibit D.  Letter, Applicant, undated, w/atchs.




                                   
                                   Panel Chair

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