RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01754 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be changed to a medical discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He received medical care from the Family Practice Clinic while serving in the Air Force. He was prescribed Wellbutrin for social anxiety; however, after taking the medicine he became suicidal and spent a week in Keesler AFB Mental Health ward. He was preparing to go before a court martial for illegally using drugs prior to this incident occurring. He intends to prove his behavior was the root of a more serious medical condition. In support of his request, the applicant provides personal statements, a copy of his DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, a copy of a letter from Grady Health System, and excerpts from his personnel and medical records. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 10 May 00. The applicant was tried by a special court-martial for six specifications: 1) for wrongful use of lysergic acid diethylamide (LSD); 2) for wrongful use of cocaine; 3) for wrongful use of 3,4-methylenediox also known as Ecstasy; 4) for wrongful use of marijuana on several different occasions; 5) for wrongful possession of marijuana; and 6) for wrongful distribution of marijuana. He pled guilty to all but one specification and was found guilty for all but one specification; wrongful distribution of some amount of marijuana. The sentence adjudged on 10 Oct 02 was a BCD, confinement for 8 months, and reduction to the grade of E-1. The applicant was discharged on 31 Dec 03 after serving 3 years, 1 month, and 18 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. JAJM states the applicant’s defense counsel asked that a sanity board be conducted on the applicant based on his suspected alcohol and marijuana dependence, personality disorder, and suicidal ideations. The sanity board found that, at the time of the alleged offenses, the applicant did suffer from severe mental disorders, but was able to appreciate the nature and wrongfulness of his conduct. The board further determined the applicant had sufficient mental capacity to understand the nature of the proceedings and to cooperate intelligently in his own defense. JAJM notes that during the sentencing portion of the court-martial, the applicant made an unsworn statement. He apologized for his actions and accepted “full responsibility” for using drugs. He also mentioned his mental health issues, noting the progress he had made through psychiatric counseling. The military judge sentenced him to confinement for eight months, reduced him to airman basic, and discharged him with a BCD. The applicant has not shown any error or injustice related to his prosecution or sentence. His only assertion of error is the implication that his mental disorders excuse his criminal sentence. However, as mentioned earlier, he was given a full evaluation of his disorders during the course of the sanity board and it was determined he was capable of standing trial. The applicant has not provided any new evidence that was not available to the military judge for his consideration at the trial. Furthermore, while clemency may be granted, he has not provided any information to support an idea that he has turned his life around or that he has made a difference in his community. The AFLOA/JAJM complete evaluation is at Exhibit C. The BCMR Medical Consultant recommends denial. The Medical Consultant states the applicant’s commander considered his mental competence and proceeded with the court-martial action. The Medical Consultant is aware that bipolar disorder may present with instances of poor judgment and impulse control at a given time. He is also aware of instances in which a person may pursue use of alcohol or an illicit drug for the purpose of allegedly “self-medicating” a disturbance of mood; however, this does not excuse the choice to use illegal drugs. The Medical Consultant notes that individuals undergoing court-martial action do not qualify for consideration of a MEB or Physical Evaluation Board (PEB) action. Furthermore, the applicant has not provided sufficient evidence to reflect that a medical discharge should have superseded or interrupted the applicant’s involuntary discharge, either for the completion of a MEB, PEB, or “dual- action” analysis by the Secretary of the Air Force Personnel Council. The BCMR Medical Consultant’s complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 Feb 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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, we agree with the opinions and recommendations of the Air Force office of primary responsibility and the BCMR Medical Consultant and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01754 in Executive Session on 9 Mar 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 May 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 29 Jun 10. Exhibit D. Letter, BCMR Medical Consultant, 1 Feb 11. Exhibit E. Letter, SAF/MRBR, dated 4 Feb 11. Panel Chair