RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02464

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

He sustained multiple incidents of stressors that ultimately led 
to a diagnosis of military sexual trauma and Post Traumatic 
Stress Disorder (PTSD).  He received no mental health treatment 
for these injuries.  The undiagnosed PTSD and lack of treatment 
are primary factors that led to his arrest for misconduct.  He 
has demonstrated rehabilitation and exemplary citizenship 
throughout his military/civilian law enforcement career and his 
personal life.  A request for correction to Honorable discharge 
is with merit.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
29 Mar 83.

On 30 Apr 88, the applicant was furnished an honorable 
discharge, with narrative reason for discharge of “Early 
separation program – strength reduction,” and was credited with 
five years, one month, and two days of active service.

On 9 Jul 88, the applicant reenlisted in the Air Force Reserve 
(USAFR).

According to Reserve Order dated 7 Jul 98, the applicant was 
furnished a general (under honorable conditions) discharge from 
the USAFR, for misconduct, a pattern of misconduct, conduct 
prejudicial to good order and discipline, and commission of a 
serious offense, effective 22 Jul 98.  The reasons for this 
action included the following:
	a.  On or about 3 Aug 96, the applicant willfully violated a 
protection from abuse order.

	b.  On or about 12 Sep 96, the applicant wrongfully used his 
official position to solicit a bribe.

	c.  On or about 14 Jul 97, the applicant plead guilty to and 
was convicted of official misconduct.

On 21 Jul 14, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C).  In response, the applicant provides a Federal 
Bureau of Investigation criminal history report, mental health 
report, character references and an expanded personal statement 
describing his military service and activities since leaving the 
military (Exhibit D).  

Section 547 of the 2015 National Defense Authorization Act 
included the following language for the confidential review of 
characterization of terms of discharge of members of the Armed 
Forces who are victims of sexual offenses:

(1)	To give due consideration to the psychological and 
physical aspects of the individual’s experience in 
connection with the sex-related offense; and 

(2)	To determine what bearing such experience may have had on 
the circumstances surrounding the individual’s discharge 
or separation from the Armed Forces.


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, 
we find no evidence of an error or injustice that occurred in 
the discharge processing.  Based on the available evidence of 
record, it appears the discharge was consistent with the 
substantive requirements of the discharge regulation and within 
the commander's discretionary authority.  The applicant has 
provided no evidence which would lead us to believe the 
characterization of the service was contrary to the provisions 
of the governing regulation, unduly harsh, or disproportionate 
to the offenses committed.  In the interest of justice, we 
considered upgrading the discharge based on clemency; however, 
we do not find the evidence presented is sufficient for us to 
conclude that such action is warranted.  In addition, we also 
note the applicant has provided excerpts from his Department of 
Veterans Affairs (DVA) medical records related to his PTSD 
resulting from military sexual trauma that occurred when he 
served in the Regular Air Force prior to his release from active 
duty in Apr 88.  In accordance with the provisions of Section 
547 of the 2015 National Defense Authorization Act, we are 
required to give due consideration to the psychological and 
physical aspects of an individual’s experience in connection 
with a sex-related offense and determine what bearing, if any, 
such an experience may have had on the circumstances surrounding 
the individual’s discharge or separation from the Armed Forces.  
However, after a thorough review of the evidence of record and 
the applicant’s complete submission, we do not find the evidence 
presented by the applicant is sufficient to conclude that there 
was a causal nexus between the lingering effects of the military 
sexual trauma and the applicant’s offenses in the civilian 
community which formed the basis for his general (under 
honorable conditions) discharge some ten years later.  While it 
is clear that the DVA was convinced the applicant was the victim 
of military sexual trauma and we are encouraged that he has 
availed himself of the treatment programs and compensation 
available to him through the DVA, the evidence presented is not 
sufficient to conclude that his PTSD was the cause of his 
misconduct in the civilian community for which he was discharged 
from the Air Force Reserve.  Therefore, 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 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-2014-02464 in Executive Session on 25 Mar 15, under 
the provisions of AFI 36-2603:

	The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02464 was considered:

	Exhibit A.  DD Form 149, dated 11 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 21 Jul 14.
Exhibit D.  Letter, Applicant, dated 12 Sep 14, w/atchs.