ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2003-00264

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to a general discharge.

STATEMENT OF FACTS:

On 29 Apr 03, the Board considered and denied a similar appeal.  For an accounting of the facts surrounding his previous request and the rationale of the Board earlier decision, see the Record of Proceedings at Exhibit E.  

By DD Form 149, dated 21 May 15, the applicant’s request states that “he was not able to adapt and had a lot of stuff going on in his life at the time; was young and stupid and didn’t know what life was about.”  

The applicant’s complete submission is at Exhibit F.

A copy of the Clemency Bulletin was forwarded to the applicant on 18 Feb 16, for review and comment within 30 days (Exhibit G).  As of this date, no response has been received by this office.  

In accordance with the National Defense Authorization Act, 2015, section 521 mandates Boards of Review to obtain the opinion of a psychologist or psychiatrist in the case of individuals who were diagnosed with a mental disorder during military service “if the request for correction of records concerned relates to a mental health disorder.”  

AIR FORCE EVALUATION:

The AFBCMR Psychiatric Advisor recommends denial, indicating the applicant has by his own actions not presented any new information that might have ameliorated some of his past offenses such as that he was able to hold down a job and been a highly functional and contributing member of society.  Therefore, the Psychiatric Advisor opines there is no evidence of any impropriety or inequity in the decision that was made.  

The applicant was diagnosed with a Passive Aggressive Personality Disorder, which is a condition whereby the person seems to actively comply with the desires and needs of others but actually passively resists them.  However, it is this Psychiatric Advisors opinion that the more accurate diagnosis is Antisocial Personality Disorder, which is defined as a person who typically ignores the normal rules of social behavior.  These individuals tend to be impulsive, irresponsible and can even be callous.  They have no respect for others and no remorse about the effects of their behavior on others.  They are typically at high risk for substance abuse.  The substances are used to relieve tension, irritability and boredom.  This seems to fit the scenario with this applicant. The applicant even admitted to abusing substances before and during his military career.

The applicant was given a diagnosis of Personality Disorder.  Regardless of which one is correct, the one given by the Psychiatrist in 1972 or the AFBCMR Psychiatric Advisor, the results are the same: administrative discharge.   Usually these discharges are General (under honorable conditions), unless the behavior was so egregious as to warrant a dishonorable discharge.  

With regards to the applicant’s substance abuse.   He reported before and after requesting his discharge, that he was using substances.  He used marijuana for over four years and used Lysergic Acid Diethylamide (LSD) for two years.  He used each twice a week or more.  His marijuana use began before he entered the military by his report.  Under military law substance abuse is an administrative discharge and is considered misconduct, therefore it is an other than honorable conditions discharge.   

A complete copy of the AFBCMR Psychiatric Consultants evaluation is at Exhibit H.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 Aug 16, for review and comment within 30 days (Exhibit I).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

In an earlier finding, the Board determined there was insufficient evidence to warrant corrective action.  After again reviewing the available evidence of record and the applicant’s complete submission in judging the merits of the case; we agree with the recommendation of the BCMR Psychiatric Advisor and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error of injustice.  In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, after considering his overall record of service, the infractions which led to his administrative separation and the lack of post-service information we are not persuaded that an upgrade is warranted on that basis either.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2003-00264 in Executive Session on 27 Sep 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2003-00264 was considered:

	Exhibit E.  Record of Proceeding, dated 29 Apr 03.
	Exhibit F.  DD Form 149, dated 21 May 15, w/atchs.
	Exhibit G.  Letter, AFBCMR, dated 18 Feb 16, w/atch.
	Exhibit H.  Memorandum, BCMR Psychiatric Advisor, dated 
                 28 Jul 16.
	Exhibit I.  Letter, AFBCMRR, dated 3 Aug 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.