RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02681
		INDEX NUMBER:  110.00
	XXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

____________________________________________________________

APPLICANT REQUESTS THAT:

His Bad Conduct Discharge (BCD) be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His discharge was inequitable because it was based on approximately 6 months of service out of 14 years of active service without any problems prior to a tour of duty he served in the Philippines.  

He was part of a 25-man team that packed and closed out operations at Clark Air Base.  After he returned to the states, he had depression and stress-related problems that were very noticeable and played a direct part in problems with drug and alcohol abuse.  

In support of his request, applicant has provided character references and extracts from his medical records.

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

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STATEMENT OF FACTS:

The applicant entered the Air Force on 16 Apr 79.  He was promoted up to the grade of staff sergeant (E-5).  A resume of the last ten Enlisted/Airman Performance Reports (EPRs) (APRs) follows:

	Closeout Date				Overall Rating

	  15 Apr 83					9
	  15 Apr 84					9
	  15 Apr 85					9
	  15 Apr 86					9
	  15 Apr 87					9
	  18 Dec 87					9
	  18 Dec 88					9
	  18 Dec 89					9
	 *18 Dec 90					5
	  19 Nov 91					4
	  19 Nov 92					5

*  First report under EPR system.  Max rating is 5.

On 19 May 93, while serving in the grade of SSgt, applicant was tried by special court-martial for two offenses in violation of Article 112a.  The applicant was found guilty of wrongfully possessing some cocaine and found not guilty of wrongfully using cocaine.  He was sentenced to a bad conduct discharge, reduction to the grade of airman basic (E-1), and three months confinement.  The applicant was discharged on 1 Jul 95 with a BCD.

Additional relevant facts pertaining to this case are contained in the evaluation prepared by the appropriate offices of the Air Force found at Exhibits C and D.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.

The applicant was discharged with a Bad Conduct Discharge for cocaine possession and use.  Prior to his conviction, there was no evidence in the service medical record of any mental illness or symptoms suggestive of mental illness.  His Enlisted Performance Report for the period of a year after returning from the Philippines and just prior to his legal difficulties reflected excellent duty performance.  Following his court-martial and discharge from the Air Force, the applicant continued to abuse drugs and developed symptoms diagnosed as Bipolar Disorder and Post Traumatic Stress Disorder.  There is no evidence that mental illness caused his cocaine possession and abuse while on active duty.  His continued cocaine, marijuana, and alcohol abuse after discharge may in fact have either caused or significantly exacerbated the psychological symptoms leading to his varied diagnoses following discharge from the Air Force.

The complete evaluation is at Exhibit C.

AFPC/DPPRS recommends denial of the applicant’s requests.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting an upgrade of the discharge.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded primarily to the evaluation prepared by the BCMR Medical Consultant.  He asks that the Board investigate several issues covered in the evaluation.  The applicant requests that the Board consider the years that he served this country honorably, how long he has had the bad conduct discharge, his medals and citations, and his medical reports.  He also asks the Board to consider upgrading his discharge to “under honorable conditions” if it cannot upgrade it to honorable.

The applicant provides several letters of recommendation and several news articles covering the events he was part of in the Philippines.

The applicant’s complete response, 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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, the majority of the Board agrees with the opinions and recommendations of the Air Force offices of primary responsibility and adopts their rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, the Board majority finds no compelling basis 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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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number 02-02681 in Executive Session on 18 March 2003 and 27 March 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny applicant’s request.  Ms. Willis voted to grant the applicant’s requests and has provided a minority report found at Exhibit G.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 13 Jan 03.
    Exhibit D.  Memorandum, AFPC/DPPRS, dated 18 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Feb 03.
    Exhibit F.  Letter, Applicant, dated 19 Mar 03, w/atchs.
    Exhibit G.  Minority Report, dated 7 Apr 03.

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXX, XXX-XX-XXXX

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.

							

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXXXX, XXX-XX-XXXX

	    In Executive Session on 18 March 2003 and 27 March 2003, we considered the applicant’s requests.  A majority of the Board voted to deny the applicant relief.  I disagree with their recommendation.

	    The applicant’s records make a persuasive case that his drug and alcohol abuse were symptoms of post traumatic stress syndrome and mental illness that were not diagnosed while serving on active duty.  Since his service was otherwise honorable, his discharge should be upgraded.