RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02771
	INDEX CODE:  110.00
	COUNSEL:  NONE

	HEARING DESIRED: NO 

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APPLICANT REQUESTS THAT:

Her bad conduct discharge (BCD) be changed to honorable under medical conditions.

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APPLICANT CONTENDS THAT:

She was kept under sedation and was not able to explain why her behavior changed.  She loved her job and serving in the Air Force.  She was grossly mistreated, sexually abused and harassed.  She reported this to the proper chain of command.  Her problems occurred because of what happened during her military service.

In support of her application, the applicant submits a VA Form 21-22, Appointment of Veterans Service Organization as Claimant's Representative.

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

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STATEMENT OF FACTS:

On 7 Mar 01, the applicant enlisted in the Regular Air Force in the grade of airman basic for a period of four years.  After completion of basic military and technical school training she was assigned duties in the Security Forces squadron.  

On 3 Sep 04, she was tried by a general court-martial on the following charges and specifications with the findings indicated:  

	1.  Guilty of attempted escape from custody on or about 7 Jan 04.

	2.  Guilty of being absent from her place of duty on or about 5 Jan 04.

	3.  Guilty of using disrespectful language towards a noncommissioned officer on or about 7 Jan 04.

	4.  Guilty of wrongfully disobeying a lawful order on or about 6 Jan 04.

	5.  Guilty of wrongful use of cocaine on or about 6 Jan 04.

	6.  Guilty of wrongful use of marijuana on or about 6 Jan 04.

	7.  Guilty of disorderly conduct on or about 7 Jan 04.

	8.  Guilty of wrongful endeavor to impede an investigation on or about 7 Jan 04.

	9.  Guilty of providing false statements on or about 7 Jan 04.

The applicant was sentenced to a bad conduct discharge, confinement for 15 months, forfeiture of all pay and allowances, and reduction to airman basic.  The sentence was approved, and except for the bad conduct discharge, was executed by General Court-Martial Order No 7 on 9 Feb 05.  The applicant was discharged on 16 May 07 in the grade of airman basic.  She had served five years and 10 days on active duty with 425 days of lost time.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

AFOLA/JAJM recommends denial.  JAJM states the applicant filed an appeal with the Air Force Court of Criminal Appeals making one allegation of error.  She asserted the military judge abused her discretion by denying a motion to suppress statements made by the appellant to a urinalysis observer who questioned the appellant without a rights advisement under Article 31, UCMJ.  Finding error, the court set aside the appellant's conviction for making a false official statement and reassessed the sentence by decreasing her amount of confinement from 18 months to 15 months.  

Based upon the applicable law, the Board is without the authority to set aside the finding of guilty.  JAJM opines while clemency may be granted, the applicant provides no justification for her request, and clemency is not warranted in this case.  JAJM notes the applicant did not testify on her own behalf at trial – a decision that was hers to make, even if it was against her attorneys' advice.  She was represented by an Area Defense Counsel and a Circuit Defense Counsel during the course of proceedings.  

The complete JAJM evaluation is at Exhibit C.

The BCMR Medical Consultant opines a change to the applicant's service characterization of General (Under Honorable Conditions), as a matter of clemency, is appropriate.  

The BCMR Medical Consultant states the applicant's record reflects she was hospitalized at least six times, to include three times at a hospital in Arkansas.  She was also seen for a range of clinical diagnoses to include Bipolar II Disorder, Obsessive Compulsive Disorder, Depression, Psychosis, Anxiety Disorder, Panic Disorder, and Polysubstance Abuse.  She was hospitalized (at least twice) for her own protection, as she was observed cutting both wrists with a razor blade while in confinement and again after being observed attempting to jump from a third floor dormitory window.  An expert witness, namely one of her treating psychiatrists, determined that a significant portion of the applicant's misconduct could be attributed to her Bipolar II Disorder with psychotic features; symptoms which consisted of hallucinations from a male voice telling her to kill herself and other voices making disparaging remarks of her physical appearance.  Her treating psychiatrist also characterized her use of cocaine as a means of committing suicide.  Additionally, her attempt to escape apprehension from a police vehicle was determined by the same clinical psychiatrist to be an attempt to escape her captors at all costs.  According to her treating psychiatrist, much of her maladaptive pattern of behavior, to include her disrespectful language to an NCO and the violation of a no-contact order with a boyfriend, was being driven by her Bipolar Disorder; the latter instance was allegedly viewed as a measure of seeking refuge from those who seek to harm her.  While admitting the applicant's longer-standing alcohol habituation and marijuana use had no direct causal relationship with her Bipolar Disorder, the treating psychiatrist believed her usage of these substances may have served as a measure of "self-medication" allowing her to better cope with her circumstances.  

The BCMR Medical Consultant notes a military forensic psychiatrist, uninvolved in the applicant's treatment and follow-up care has interpreted her pattern of behavior as due to a Borderline Personality Disorder.  

Although the applicant had a medical diagnosis at the time, she was ineligible for undergoing a Medical Evaluation Board and processing through the Military Disability Evaluation System (MDES) by virtue of the Court Martial proceedings underway at the time.  However, had the Air Force accepted the applicant's initial diagnosis of Bipolar Disorder, or any of her other co-morbid Axis I diagnoses, and subsequently returned her to duty following the Court Martial and after completion of her period of confinement, she would have then been eligible to enter the MDES for an assessment of her fitness to serve.  Likewise, had the applicant been concurrently the subject of a medical discharge and had been given non-judicial punishment for her offenses, in lieu of a Court Martial, her case would have been adjudicated under delegated authority by the Secretary of the Air Force as a "dual-action" case for the purpose of determining the appropriate reason for the applicant's discharge and the characterization of her military service.  On the other hand, if Air Force accepts the alternative diagnosis of Borderline personality Disorder, a disqualifying unsuiting mental disorder not constituting a compensable disability, as factually the sole diagnosis, then the applicant would again be ineligible for referral through the MDES.  

The complete BCMR Medical Consultant evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 26 Oct 07 and 4 Feb 08, respectively, 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 timely filed.

3.  After a thorough review of the evidence of record we see no evidence to show that the applicant's discharge was erroneous or unjust.  However, we recognize the adverse impact of the discharge the applicant received; and while it may have been appropriate at the time, we believe it would be an injustice for the applicant to continue to suffer its effects.  Therefore, we believe that correction action is appropriate on the basis of clemency.  Her request for upgrade to honorable was considered; however, in the absence of evidence by the applicant other than her own statements, the facts and circumstances surrounding her separation, or her activities since leaving the service, we do not believe that an upgrade to a fully honorable discharge is warranted.  Accordingly, we recommend that her records be corrected to the extent indicated below.

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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 16 May 07, she was discharged with service characterized as general (under honorable conditions) by reason of “Secretarial Authority,” with a separation code of “KFF.”

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The following members of the Board considered AFBCMR Docket Number BC-2007-02771 in Executive session on 19 Mar 08, under the provision of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 Aug 07, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFLOA/JAJM, dated 12 Oct 07.
	Exhibit D.  Letter, SAF/MRBR, dated 26 Oct 07.
	Exhibit E.  Letter, BCMR Med Consultant, dated 1 Feb 08.
	Exhibit F.  Letter, AFBCMR, dated 4 Feb 08.