RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02626
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

Her drug use was a one-time occurrence for the sole purpose of suicide.  She never had a drug problem and doesn’t today.  She states that she was deeply depressed due to the death of her father.

In support of her appeal, the applicant provided a personal statement and other documentation.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 January 1994 in the grade of airman basic for a period of four (4) years.

Applicant was discharged on 14 June 1999, in the grade of senior airman, under the provisions of AFI 36-3208 (triable by court-martial) with an under other than honorable conditions (UOTHC) discharge.  She served 5 years, 4 months, and 17 days total active duty.

On 25 January 2002, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for an upgrade of her discharge to honorable.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by the appropriate office of the Air Force (Exhibits C & D).

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated that on the basis of the data furnished, they were unable to locate an arrest record (Exhibit F).

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AIR FORCE EVALUATION:

BCMR Medical Consultant recommended denial.  He indicated that on the applicant’s enlistment medical examination she reported a history of trouble sleeping, depression or frequent worry, and nervous trouble.  There is no documentation that reflects further evaluation of this history at the time of her enlistment.  In October 1994, she presented to the clinic complaining of a 5-year history of insomnia.  She was referred to mental health who evaluated her on October 20, 1994.  She gave a history of insomnia since 1990 and intermittent mild depression, and feelings of insecurity and low self-esteem.  She states that she had suicidal ideation in high school secondary to family problems but with no history of attempts.  She was diagnosed as “primary insomnia” and “anxiety symptoms.”  She was offered, but declined psychotherapy.  Both encounters do not document any history regarding habits including alcohol or caffeine.  There are no other medical record entries until her September 1998 suicide attempt for complaints of insomnia, depressed mood, or anxiety.  On April 16, 1995, she was evaluated for facial trauma in the emergency room after she was assaulted by her fiancé.  The ER record indicates she had been drinking alcohol at noon that day.

The applicant’s 87-year old father died in July 1996 while she was stationed at Ramstein Air Base, Germany.  She contends her supervisors and co-workers expressed no condolences on her return from emergency leave and that made her feel resentful and depressed.  She states that caused her to begin drinking more.  Her Enlisted Performance Report (EPR) for the period September 28, 1995 through September 27, 1996, documented very good duty performance (4,4).

On June 13, 1997, the applicant injured her left knee playing basketball.  She was evaluated in the emergency room and referred to orthopedic surgery and seen June 16, 1997, at Landstuhl Army hospital (some distance from Ramstein).  She was diagnosed with a dislocated kneecap and placed on physical profile restricting her duty.  Her initial examinations did not disclose the abnormal movement to suggest a torn ligament, her ultimate diagnosis.  In July, her knee gave way and she fell re-injuring it resulting in swelling that interfered with an accurate examination.  She was placed into a brace and referred back to orthopedics.  In October 1997 her orthopedic surgeon diagnosed a torn ligament (anterior cruciate ligament) and confirmed his diagnosis with an MRI.  He treated her with bracing and physical therapy.  Some individuals can function well following physical rehabilitation despite a torn ligament.  A January 28, 1998, physical therapy note documented intermittent giving way of the knee but the applicant had good strength (mild weakness only), full range of motion without pain and the ability to perform a partial squat without difficulty.  Her orthopedic surgeon, when her knee suddenly locked, saw her on April 16, 1998.  In his clinical note he wrote that she had been doing well with conservative therapy except for occasional giving way.  In view of the new locking of her knee, he recommended surgical repair, which was performed in June 1998, one year following her original injury.  Records reflect satisfactory postoperative result.

The applicant’s EPR for the period September 28, 1996 through September 27, 1997 documented very good duty performance (4,4).  Her EPR for the period September 28, 1997 through September 27, 1998 documented fair duty performance (3,3).  Narrative comments included:  “Conduct on/off duty is overall acceptable; displayed improvements in this area; consider for promotion.” “Performed well under strict guidance and close supervision.”

In the discharge package in the applicant’s personnel file, the applicant relates the events leading up to her suicide attempt and discovery of hallucinogenic mushrooms in her possession.  In August 1998, she toured Europe with her brother.  While in Holland they happened into a store selling drugs such as marijuana and mushrooms.  Her brother bought marijuana (“to see what the fuss was about painting while you’re high”).  The proprietor offered her mushrooms stating “They will make you happy.”  She bought them justifying her action as:  “I couldn’t believe it, I was so desperate to be happy again that I jumped at the chance.”  After returning to Ramstein, she consumed alcohol, the mushrooms and other medications in her medicine cabinet on the night of September 6, 1998.  She had called a friend in California and asked her “to please help because I was dying.”  The friend apparently called the police who contacted Ramstein authorities who took her to the emergency room the morning of September 7.  The service medical record shows that in the emergency room she was alert, oriented and in no distress.  Her urine drug screen was negative (not clear if the urine drug testing used would detect psilocibin).  Her blood alcohol level was relatively low (less than 0.1), and her Tylenol level also low (26.58 - therapeutic range).  She was evaluated by psychiatry in the emergency room and the history obtained by the psychiatrist indicated that she was intoxicated the prior evening and experienced suicidal ideation.  She reported a two and a half-year history of feeling depressed most of the time.  She was released in the care of her supervisor but required hospitalization from September 9 to 15, 1998.  Her discharge diagnoses included:  Alcohol abuse, status post overdose, substance use and substance induced organic mental disorder.  Following discharge she resumed drinking despite treatment with Antabuse.  She was sent for alcohol rehabilitation at the Partial Hospitalization Program at Lakenheath, United Kingdom, from October 19 to November 6, 1998.  The applicant revealed a history of 12 blackouts in the prior one and a half years related to her alcohol abuse.  She had also been disciplined with Letters of Counseling and Reprimand for being late to work.  She successfully completed the alcohol rehabilitation program.

The applicant was an alcoholic with alcohol related depressed mood who developed suicidal ideation and acted on that impulse while intoxicated.  In the course of events surrounding that suicide attempt, law enforcement personnel were involved and it was discovered that the applicant possessed and used hallucinogenic mushrooms.  She accepted discharge in lieu of court martial with a UOTHC.

The applicant states that it was her depression resulting from the death of her 87 year-old father, in July 1996, and from mistreatment at work by her supervisors that caused her to abuse alcohol and hallucinogenic mushrooms.  She contends that her use of hallucinogenic mushrooms was a one-time use for the purpose of committing suicide.  Evidence of the record shows that the applicant suffered from depressed mood and insomnia for several years prior to entering service.  Her father had been an abuser of alcohol as well and a genetic predisposition to alcohol abuse is known to exist.  It is common for alcoholics to have a concomitant mood disorder (depressed mood) that becomes inextricably intertwined with the substance abuse.  Alcohol abuse alone can cause depressed mood.  It is not clear from the medical records when she began abusing alcohol.  An April 1995 emergency room entry reported use of alcohol on the day of the incident leading to her emergency care.  However, there is no evidence that at the time of the offense, the applicant had a mental disease or defect that caused her to lack the capacity to know right from wrong when she purchased hallucinogenic mushrooms for the purpose of her own use.  It is noted that the applicant cooperated fully with investigation authorities and successfully completed alcohol and substance abuse rehabilitation after an initial false start.  Her post service employment is reflective of her recovery.

She contends her knee condition was ignored by medical personnel for a year, and that she used alcohol to treat her knee pain because the Percocet (narcotic analgesic) prescribed did nothing for her pain.  Review of the service medical record confirms her knee was injured in June 1997.  She was evaluated in the emergency room, was referred to orthopedic surgery and evaluated by an orthopedic surgeon in a timely manner three days later.  Her initial diagnosis did not coincide with her ultimate true diagnosis, however the true nature of her knee injury was diagnosed not a year later as she states in her correspondence, but in October 1997, four months later.  Although her diagnosis was delayed by four months she received proper care.  The orthopedic surgeon (the Colonel she refers to in her correspondence) performed the MRI in October 1997 and treated her with bracing and physical therapy.  A physical therapy note in January 1998 documented intermittent giving way but the knee had a normal range of motion and she was able to perform partial squats.  She re-presented to orthopedic surgery in April 1998 and had reportedly been doing well until the knee suddenly locked the day of the appointment.  An MRI was repeated showing her injury to be unchanged, however surgical repair was recommended which was performed in June 1998, a year following the original injury.  Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

The evaluation is at Exhibit C.

AFPC/DPPRS recommended denial.  They indicated that the facts and circumstances of her discharge are not in her records.  Information for this advisory is taken from her medical records and the summary from the Air Force Discharge Review Board in January 2002.  Court-martial charges were preferred against applicant on 9 April 1999, for wrongful use of hallucinogenic mushrooms and wrongful possession of mushrooms (schedule 1 controlled substance) between 3 August 1998 and 8 September 1998.  Other misconduct included four Letters of Reprimand, dated 4 December 1998, 18 March 1998, 29 October 1997 and 9 July 1997; and three Records of Individual Counseling, dated 21 September 1998, 7 January 1997 and 23 August 1996.  An Unfavorable Information File was created on the member in December 1998.  On 19 April 1999, applicant requested discharge in lieu of court-martial.

Based on the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the separation was within the discretion of the Discharge Authority.  The Air Force Discharge Review Board denied her request for upgrade on 25 January 2002.  The BCMR Medical Consultant furnished a review of her medical problems at the time of her discharge and is of the opinion that no change in her records is warranted.

The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, she provided no facts warranting a change in her discharge.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 November 2002, copies of the evaluations were forwarded to the applicant for review and response within thirty (30) days.  As of this date, no response has been received by this office.

On 21 January 2003, the Board staff requested the applicant provide post-service documentation within fourteen (14) days.  The applicant provided additional documentation, which is at Exhibit H.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting the applicant’s discharge be upgraded.  The Board finds that no evidence has been presented which would lead us to believe the applicant’s discharge was improper or contrary to the directive under which it was effected.  Nevertheless, the Board finds that, in view of the applicant’s apparent successful transition to civilian life, as evidenced by the post-service documentation she has provided, upgrading her discharge to general (under honorable conditions), based on clemency, would be appropriate.  The applicant’s request for a fully honorable discharge was considered; however, we are not persuaded that the applicant’s overall record while on active duty supports a further upgrade.  Accordingly, the Board recommends that the applicant’s under other than honorable conditions (UOTHC) discharge be upgraded to general (under honorable conditions).

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 14 June 1999, she was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered AFBCMR Docket Number 02-02626 in Executive Session on 14 January 2003 and 6 February 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 August 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 
	             30 October 2002.
   Exhibit D.  Letter, AFPC/DPPRS, dated 21 November 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 27 November 2002.
   Exhibit F.  FBI Report.
   Exhibit G.  Letter, AFBCMR, dated 21 January, 2003, w/atch.
   Exhibit H.  Letter, Applicant, dated 3 February 2003, w/atchs.

			

AFBCMR 02-02626

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to    be corrected to show that on 14 June 1999, she was discharged with service characterized as general (under honorable conditions).