ADDENDUM TO 
RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02512-3

   	COUNSEL:  NONE 

	HEARING:  YES

APPLICANT REQUEST THAT: 
 
1.	His nonjudicial punishment (Article 15) be expunged from his record. 
2.	His original pin-on/promotion date to the grade of major in 2011 be reinstated.
3.	He be awarded decorations from his last two bases/assignments. 
4.	All his officer performance reports (OPRs) with derogatory information be replaced with OPRs reflecting the work he did.  

APPLICANT’S CONTENTION.  When he returned from Afghanistan in 2010 he was punished for a weapons storage violation, but at the time he suffered from Post-Traumatic Stress Disorder (PTSD) and his decision-making was impaired.  In 2017, the Air Force Formal Physical Evaluation Board (FPEB) determined his PTSD to be in the line of duty, and rated him with a 70 percent disability.  The applicant’s complete submission is at Exhibit I.

RESUME OF THE CASE: 

On 29 Jan 13, the Board considered and denied the applicant’s request to void and remove his Article 15, and to allow him to pin on the grade of major on his original pin-on date.  The Board adopted the rationale of AFLOA/JAJM and AFPC/DPSOO in determining the Article 15 was legally sufficient, his commander’s actions were not arbitrary or capricious, and the applicant’s predicament was the result of a lack of due diligence on his part.  (Exhibit G)

On 4 Nov 13, the Board notified the applicant his request for reconsideration, filed on 17 Jun 13, did not meet the criteria for reconsideration.  (Exhibit H)

In support of his request for reconsideration, he submits new evidence in the form of a Physical Evaluation Board Rating Decision, 28 Jun 17, Action of the Secretary of the Air Force, 30 May 17, and description of 70% PTSD rating.  

STATEMENT OF FACTS.  

On 14 May 10, the applicant received non-judicial punishment for making a false official statement concerning the storage of his weapon.

On 9 Sep 10, the applicant was removed from the promotion list to the grade of major.  

On 31 Mar 13, the applicant was furnished an honorable discharge, with a narrative reason for separation of “Non-selection, permanent promotion,” after serving 8 years, 2 months, and 28 days of active service. 

On 1 Apr 13, the applicant joined the New Mexico Air National Guard in the grade of captain, and was subsequently promoted to the grade of major.   

On 30 May 17, the Director of the Air Force Review Boards Agency (AFRBA) notified the applicant the Secretary of the Air Force found his PTSD with Bipolar Disorder to be in the line of duty, rated him with a 70 percent disability, and placed him on the Temporary Duty Retirement List (TDRL), effective 29 Aug 17.   For more information, see the excerpt of the applicant’s record at Exhibit J. 

AIR FORCE EVALUATION.  The AFBCMR Psychiatric Advisor recommends denying the current application.  In his petition to the Board, the applicant goes as far as to claim he was “actively psychotic” and had “intermittent contact with reality.”  Despite a very compelling letter provided by the applicant, his argument remains significantly flawed and poorly supported by any tangible evidence.  Even if the Board is to accept that the applicant had suffered from severe PTSD at the time of his diagnosis by DVA, it does not prove his condition was just as disabling three years prior in 2010.  On the contrary, the documented evidence from the applicant’s mental health records suggests otherwise.  The applicant’s diagnoses of PTSD does not abolish his accountability for not properly storing his weapon and later being dishonest about it.  The complete advisory is at Exhibit K.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 30 Jan 18 for comment (Exhibit L), but has received no response.

THE BOARD CONCLUDES:

1.  The application was timely filed.  

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the AFBCMR Psychiatric Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  

4.  The applicant’s case is adequately documented and it has not been shown a personal appearance with or without counsel will materially add to our understanding of the issues involved.

THE BOARD RECOMMENDS:  The APPLICANT be informed the evidence did not demonstrate material error or injustice; the applicant was denied without a personal appearance; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2012-02512 in Executive Session on 28 Mar 18:

Panel Chair
Panel Member
Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit G:  Original ROP, dated 28 Feb 13, w/atchs. 
Exhibit H:  RECON Deny Letter, AFBCMR, 4 Nov 13.  
Exhibit I:  RECON Request, DD Form 149s, dated 17 Mar 16, w/atchs. 
Exhibit J:  Documentary evidence, including excerpts from official records.
Exhibit K: Advisory opinion, BCMR Mental Health Advisor, dated 2 Feb 18.
Exhibit L: Notification of Advisory, SAF/MRBR to applicant, dated 30 Jan 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings for AFBCMR Docket Number BC-2012-02512 required by AFI 36-2603, paragraph 4.11.9.