RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01343
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be changed to a
medical discharge.
APPLICANT CONTENDS THAT:
She became mentally disabled while on active duty. She was
accused of misbehavior that she had no control over. She was
admitted twice into a behavioral unit and her discharge papers
were served to her while she was in a mental institution.
The Department of Veterans Affairs (DVA) rated her 100 percent
disabled for mental illness.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 7 July 2009, the applicant entered the Regular Air Force.
On 25 October 2011, she was notified by her commander that he was
recommending she be discharged for misconduct, minor disciplinary
infractions In Accordance With (IAW) AFI 36-3208, Administrative
Separation of Airmen, paragraph 5.49. The specific reasons for
the recommendation include a Letter of Counseling (LOC) and Letter
of Reprimand (LOR) for failure to go to her place of duty and
making a false official statement, LOC for failure to go a medical
appointment and Article 15 for being absent from duty without
authority, dereliction in the performance of duties in that she
failed to return phone calls and making a false official
statement.
On 25 October 2011, the applicant acknowledged the discharge
recommendation, her right to consult counsel and submit statements
in her own behalf.
On 2 November 2011, the discharge authority approved the
recommendation that she be discharged without probation and
rehabilitation.
On 4 November 2011, the applicant was discharged with service
characterized as general (under honorable conditions) with a
narrative reason for separation of Misconduct (minor
infractions).
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The applicant has
not met the burden of proof of error or injustice that warrants
the desired change of the record; however, the Board may consider
changing her reason for discharge to Secretarial Authority based
solely upon clemency.
Addressing the applicants desire for a medical separation, the
military Disability Evaluation System (DES), established to
maintain a fit and vital fighting force, can by law, under
10 U.S.C. only offer compensation for those service incurred
diseases or injuries which specifically rendered a member unfit
for continued active service and were the cause for career
termination; and then only for the degree of impairment present at
the time of separation and not based on future occurrences. Thus,
in order for the applicant to be considered for a medical
discharge, she must have had an illness or injury that resulted in
a Medical Evaluation Board (MEB) and unfit finding by a Physical
Evaluation Board (PEB). In the case under review, it was the
applicants disciplinary infractions that caused the termination
of her career. Her medical condition resulted from the
disciplinary actions taken against her, as noted in the Mental
Health (MH) summaries referring to her reduction in rank.
If the applicant was concurrently the subject of an approved
medical discharge and an involuntary administrative discharge, her
case would be adjudicated by the Secretary of the Air Force
Personnel Council (SAFPC). The charge of SAFPC then would be to
determine which basis for discharge warranted execution,
administrative versus medical. In conducting such a review, SAFPC
would search for any causal or mitigating relationship between the
disciplinary infractions and the medical condition. In the case
under review, the Medical Consultant found no such causal or
mitigating relationship between the applicants infractions and
the MH disorder that followed the disciplinary actions. Major
Depressive Disorder (MDD) resulted from the punitive actions
taken. Consequently, more likely than not, SAFPC would have
recommended execution of the approved administrative discharge.
A complete copy of the BCMR Medical Consultants 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 28 November 2014 for review and comment within 30 days (Exhibit
D). As of this date, no response has been received by this
office.
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Clinical Psychology Consultant recommends denial. The
materials supplied for this case reveal an airman with several
minor disciplinary infractions who experienced depressive symptoms
as a result of awareness that her career was likely coming to an
end. The Clinical Psychology Consultant found no nexus between
her mental disorder and the behaviors leading to her discharge,
nor did her condition require DES processing. Thus, no error or
injustice was found.
A complete copy of the BCMR Psychology Consultants evaluation is
at Exhibit E.
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 18 June 2015 for review and comment within 30 days (Exhibit F).
As of this date, no response has been received by this office.
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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinions and recommendations
of the BCMR Medical and Clinical Psychology Consultants and adopt
the rationale expressed as the basis for our conclusion that the
applicant has failed to sustain her burden of proof that she has
been the victim of an error or injustice. In the interest of
justice, we considered changing her narrative reason for
separation based on clemency; however, after considering her
overall record of service, the infractions which led to her
administrative separation, and the short amount of time that has
elapsed since her discharge in October 2011, we are not persuaded
that a change to the narrative reason on this basis is warranted.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought in this application.
4. The applicants 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.
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.
The following members of the Board considered AFBCMR Docket Number
BC-2014-01343 in Executive Session on 8 July 2015 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 March 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant, dated
4 November 2014.
Exhibit D. Letter, SAF/MRBR, dated 28 November 2014.
Exhibit E. Memorandum, BCMR Psychology Consultant, dated
12 June 2015.
Exhibit F. Letter, SAF/MRBR, dated 18 June 2015.
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