RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-04858
							COUNSEL:  NONE
                          		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  His Article 15, Uniform Code of Military Justice (UCMJ) 
punishment, dated 7 April 2007, be removed from his record.

2.  His grade of airman first class (E-3) be restored.

3.  He be promoted to the grade of senior airman (E-4).  

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APPLICANT CONTENDS THAT:

His commander retaliated against him after he was removed from 
deployment status due to him seeking mental health counseling.  

The applicant does not provide any additional evidence in 
support of his appeal.  

The applicant’s complete submission is at Exhibit H.

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STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served on active duty from 5 February 2002 to 4 October 2007.  
He was progressively promoted to the grade of senior airman (E-
4), effective and with a date of rank (DOR) of 22 July 2004. 

On 28 October 2004, the applicant received Article 15 punishment 
for being drunk and disorderly; and, striking another airman.  
His punishment consisted of a reduction in grade to airman first 
class with a new DOR of 28 October 2004, and forfeiture of 
$747.00 pay per month for two months, suspended until 27 April 
2005.  

On 15 November 2004, his suspended non-judicial punishment was 
vacated because the applicant failed to go to his appointed 
place of duty.  

On 21 September 2005, the applicant received a Letter of 
Reprimand (LOR) for making a verbal threat to a member of his 
unit on 17 September 2005.  

On 30 September 2005, the applicant received Article 15 
punishment for being derelict in his performance of duties by 
willfully refraining to remove a security screen of a patrol 
vehicle as it was his duty to do.  He received punishment 
consisting of reduction to the grade of airman (E-2) with a new 
DOR of 30 September 2005, forfeiture of $692.00 pay, suspended 
until 29 March 2006, restriction to the limits of the base for 
60 days, and a reprimand.  

On 13 November 2006, the applicant received an LOR for being 
detained at the United States/Mexico border for curfew violation 
on 11 November 2006.  

On 27 February 2007, the applicant was diagnosed with Bipolar 
disorder as a result of an assessment of military fitness for 
duty.  As a result, he was referred to be evaluated through the 
disability evaluation system (DES).  

On 2 April 2007, the applicant was accused of being derelict in 
the performance of his duties by willfully failing to obtain a 
government issued passport for an upcoming deployment, in 
violation of Article 92, Uniform Code of Military Justice 
(UCMJ); and, making a false official statement regarding turning 
in his passport paperwork, in violation of Article 107, UCMJ.  
The applicant consulted with counsel, waived his right to a 
court-martial, and accepted non-judicial punishment proceedings.  

On 9 April 2007, after considering the available evidence and 
matters submitted by the applicant, the squadron commander found 
the applicant committed the alleged offenses.  As a result, the 
applicant received Article 15 punishment consisting of reduction 
in grade from airman first class to airman basic (E-1) with a 
new DOR of 9 April 2007, 15 days extra duty, and a reprimand.  
The applicant appealed the squadron commander’s decision; 
however, the group commander denied his appeal on 19 April 2007.  

On 7 May 2007, the applicant was notified of his commander’s 
intent to recommend him for a general (under honorable 
conditions) discharge for Misconduct: Minor Disciplinary 
Infractions, under the authority of Air Force Program Directive 
(AFPD) 36-32 and Air Force Instruction (AFI) 36-3208, paragraph 
5.49.  The applicant acknowledged his commander’s intent and 
submitted a statement in his own behalf 

On 25 May 2007, a Medical Evaluation Board (MEB) referred the 
applicant to an Informal Physical Evaluation Board (IPEB) for 
evaluation of his condition of Bipolar Disorder.  

On 2 July 2007, the IPEB diagnosed the applicant with Bipolar 
Disorder Not Otherwise Specified, with Social and Industrial 
Adaptability Impairment rated as considerable.  On 28 August 
2007, the IPEB recommended the applicant be temporarily retired 
with a 50 percent disability rating.  However, further 
evaluation by Mental Health personnel, subsequently ruled-out 
the applicant’s diagnosis of Bipolar Disorder and indicated his 
symptoms supported a diagnosis of Personality Disorder.  As a 
result, the IPEB changed its diagnosis to Personality Disorder 
which was not separately unfitting and not compensable or 
ratable; and, found the applicant fit to be returned to duty.  

On 14 September 2007, the applicant submitted an appeal to the 
IPEB findings and requested a Formal Physical Evaluation Board 
(FPEB).  On 25 September 2007, Secretary of the Air Force 
Personnel Counsel disapproved the applicant request for a FPEB.  

The applicant was involuntarily released from active duty on 
4 October 2007 with a general (under honorable conditions) 
discharge.  He served 5 years, 7 months, and 29 days on active 
duty. 

A Department of Veterans Affairs (DVA) rating decision, dated 
14 May 2008, indicates the applicant was granted service 
connection for Bipolar Disorder with a 30 percent disability 
rating.  

On 13 July 2010, the applicant appealed to the AFBCMR to change 
his characterization of discharge from general (under honorable 
conditions) to honorable, his narrative reason for separation to 
temporary disability, and his reentry (RE) code and separation 
codes be changed accordingly.  After considering the applicant’s 
requests, the Board granted the applicant’s appeal to change his 
discharge characterization to honorable, his narrative reason 
for separation to “Secretarial Authority,” and his reentry code 
to “2C” (Involuntary Separation with Honorable Discharge).  
However, the Board denied his request for a medical retirement.  

For an accounting of the rationale of the earlier Board’s 
decision, please see the Record of Proceedings at Exhibit G.  

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  JAJM states the applicant does 
not make a compelling argument as to why the Board should 
overturn the commander’s non-judicial punishment decision on the 
basis of an error or injustice.  

The complete JAJM evaluation is at Exhibit C.  

AFPC/DPSOE defers to AFLOA/JAJM.  DPSOE states that since JAJM 
has found no error or injustice, they defer to the JAJM 
recommendation to deny the removal of the applicant’s 9 April 
2007 Article 15.   

The complete DPSOE evaluation is at Exhibit D.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

A one-hour interview and review of medical records cannot 
support a decision to completely reverse the IPEB decision and 
push a discharge for misconduct.  The facts and circumstances 
surrounding the commander-driven retaliation is mandated to 
remove his Article 15, dated 7 April 2007; reinstatement of his 
grade of airman first class; and promotion to the appropriate 
rank of senior airman due to his time-in-grade and time–in-
service.  

The applicant’s complete rebuttal, with attachments, is at 
Exhibit F.  

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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 an injustice.  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 AFLOA/JAJM adopt its rationale as the basis 
for our conclusion the applicant has not been the victim of an 
error or injustice.  We note the applicant’s contentions that 
his commander retaliated against him after he was removed from 
deployment status; however, we are not persuaded by the evidence 
that the actions taken against the applicant in this case were 
arbitrary, capricious or not within the commander’s 
discretionary authority.  Therefore, we do not find the actions 
serve to make the applicant the victim of error or injustice.  
Accordingly, in the absence of evidence to the contrary, we do 
not find it in the interest of justice to recommend granting the 
relief sought in this application.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

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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-2013-04858 in Executive Session on 3 June 2014, under 
the provisions of AFI 36-2603:

	                       , Panel Chair
	                       , Member
	                       , Member

The following documentary evidence was considered for AFBCMR 
Docket Number BC-2013-04858:

Exhibit A.  DD Form 149, dated 16 Oct 13, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFLOA/JAJM, dated 5 Dec 13.
Exhibit D.  Letter, AFPC/DPSOE, dated 20 Dec 13.
Exhibit E.  Letter, SAF/MRBR, dated 18 Apr 14.
Exhibit F.  Letter, Applicant, not dated, w/atchs.
Exhibit G.  ROP, dated 30 Aug 11.




					                          
								Panel Chair
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