RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-03658
		INDEX CODE:  110.02  108.01
	 	COUNSEL:  None

	 	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His 1985 general discharge for misconduct be changed to an honorable disability discharge for post traumatic stress disorder (PTSD).

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APPLICANT CONTENDS THAT:

Before he was drummed out of the service by a dishonorable commander, his performance was outstanding. He was under a great deal of stress, and the PTSD caused his ulcer to resurface. He received no treatment for the PTSD and lost his career and benefits.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 Apr 69. He served a tour in Vietnam as an air cargo specialist from approximately 21 Sep 69 through 4 Oct 70.

During his last enlistment period, which began on 24 Nov 81, he was assigned to the XXth Transportation Squadron at XXXXXX AFB, XX, as an air transportation supervisor.  He was promoted to technical sergeant with a date of rank of 1 Aug 82.

The applicant’s performance reports are provided at Exhibit B.

On 27 Sep 84, the applicant failed to report for augmentee duty as the Noncommissioned Commissioned Officer in Charge (NCOIC), Air Passenger Terminal, as ordered by the traffic management officer (TMO). The TMO requested the commander take severe action. On 5 Nov 84, by Summary Court-Martial action, the applicant was found guilty of failing to go to his appointed place of duty on 27 Sep 84. Punishment was forfeiture of $500.00 in pay for one month and a reduction to the grade of staff sergeant, which was suspended until 4 May 85. 

On 2 Jul 85, the Enlisted Performance Report (EPR) for the period closing 23 Jun 85, was referred to the applicant. He received an overall rating of 4 [old system--highest rating was 9]. Evaluator comments noted he had a negative attitude, was incapable of performing in a supervisory position, promotion and retention were not warranted, and rebuttal comments from the applicant were not received within the authorized 10 days.

On 25 Jul 85, the applicant was convicted by Special Court-Martial (SCM) for failing to obey a superior NCO’s lawful order, being disrespectful to the NCO by ignoring him as he issued orders, and pushing the NCO backwards with his hands on 14 May 85. He was reduced to staff sergeant, forfeited $300.00 pay per month for three months, and reprimanded.

On 29 Jul 85, the applicant was notified of his squadron commander’s intent to recommend discharge for the applicant’s pattern of misconduct. In his notification letter, the commander cited the following as reasons for his action [documentation in the applicant’s military record pertaining to these incidents was not always available, or legible]:

	-- The 5 Nov 84 Summary Court-Martial conviction for misconduct on 27 Sep 84.

	-- A 20 Dec 84 Letter of Counseling (LOC) for poor performance and attitude during the month of Dec 84.

	-- A 2 Jan 85 LOC for failing to obey a lawful order on 31 Dec 84 to discuss his on-the-job training.

	-- A 29 LOC for dereliction of duty on 25 Jan 85.

	-- A 22 Feb 85 LOC for failing to learn required daily tasks of Air Freight during Jan and Feb 85.

	-- A 25 Apr 85 LOC for failing to obey a lawful order to remove nets and cargo and place the cargo in appropriate places on 23 Apr 85.

	-- A 5 Jun 85 LOC for dereliction of duty in maintaining his assigned work areas and latrines on 2 Jun 85.

	-- A 25 Jun 85 Letter of Reprimand (LOR) for threatening a superior NCO on 14 May 85.

	-- The 25 Jul 85 SCM conviction for misconduct on 14 May 85.

The applicant acknowledged receipt and, on 29 Jul 85, the commander recommended discharge, without probation and rehabilitation (P&R), for a pattern of misconduct. The applicant consulted counsel, submitted statements, and did not waive his right to an appearance before an administrative discharge board (ADB). 

An ADB was scheduled for 8 Aug 85; however, on 21 Aug 85, the applicant offered a conditional waiver of an ADB contingent on his receiving no less than a general discharge. 

Legal review, on 21 Aug 85, advised the convening authority (XXth Combat Support Group commander) to recommend the discharge authority (XXth Air Force commander) approve the waiver. Legal review, on 27 Aug 85, recommended against affording P&R under lengthy service provisions, found the case legally sufficient, and recommended the applicant’s conditional waiver be accepted. The discharge authority approved the applicant’s general discharge, without P&R, on 28 Aug 85. 

The approved discharge without P&R was ordered executed by the designee of the Secretary of the Air Force (SAF) on 14 Nov 85.

On 20 Nov 85, after 16 years, 7 months and 19 days of active service, the applicant was discharged in the grade of staff sergeant with a general characterization for misconduct.

The applicant filed a claim with the Department of Veterans Affairs (DVA) for service-connected disability compensation for PTSD in 2001. However, in 2002, the DVA denied his claim because the traumatic events experienced in Vietnam as reported by the applicant could not be verified as required by DVA policy when adjudicating service connection for PTSD.

Available records pertaining to the applicant’s medical issues are at Exhibit B, and the AFBCMR Medical Consultant provides medical details in his advisory at Exhibit C.

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant’s review of the applicant’s service records revealed no reference to participation in combat or events similar to those described by the applicant in DVA records. Service medical records show the applicant was treated for peptic ulcer disease while in the service. The available medical records are incomplete. However, at the time of his discharge, the applicant did not raise any medical or psychological issues.  The preponderance of the evidence does not support a finding that, in the year leading up to his discharge, the applicant was suffering from mental illness so severe as to render him incapable of knowing right from wrong and conforming his behavior to the law and Air Force regulations. Many Air Force members experience emotional distress and are diagnosed with mental illness, including depression and PTSD. However, they do not commit misconduct and, when they do, they are held responsible for their behavior unless they are declared legally insane. There is no evidence the applicant experienced mental decompensation that rendered him legally insane or would have warranted referral for evaluation in the disability system. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 12 May 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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. After a thorough review of the documentation pertaining to this appeal, we are not persuaded the applicant’s general discharge for misconduct should be upgraded to an honorable medical discharge for service-connected PTSD. In this regard, the applicant has not shown that, at the time of his discharge, he was suffering from a physical or mental disorder rendering him unfit for military service or incapable of distinguishing between right and wrong. As noted by the DVA when adjudicating his claim for service-connected PTSD, the events as related by the applicant cannot be correlated or verified by his records. Further, the AFBCMR Medical Consultant appropriately reminds us that many military members experience emotional distress and are diagnosed with mental illness, including depression and PTSD. However, most do not commit misconduct and, if they do, they are held responsible for their actions unless found legally insane. We find it regrettable the applicant’s own infractions prematurely ended what apparently was once a creditable military career, despite efforts by his supervisors and commander to salvage it. Other than his own allegations, the applicant submits no evidence showing he should have been medically discharged rather than administratively separated for misconduct. We therefore agree with the Medical Consultant’s recommendations and adopt the rationale expressed as the basis for our decision that the applicant has not sustained 
his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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 issue(s) involved. Therefore, the request for a hearing is not favorably considered.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 29 June 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2003-03658 was considered:

  Exhibit A.  DD Form 149, dated 10 Mar 04, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFBCMR Medical Consultant, dated 19 Apr 04.
  Exhibit D.  Letter, SAF/MRBR, dated 12 May 04.