ADDENDUM TO
RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00994-2

   	COUNSEL: NONE 

 	HEARING:  NO

APPLICANT REQUESTS:

1.  His General (Under Honorable Conditions) Discharge be upgrade to Honorable. 

2.  Two days of lost time from 19 to 20 Aug 73 be expunged from his DD Form 214, Certificate of Release or Discharge from Active Duty.  

RESUME OF THE CASE: 

On 3 Dec 13, the Board considered and denied the applicant’s original request to make the same corrections to his records.  In the original case, the applicant contended he was suffering from PTSD from combat related duties while in Vietnam, even though it was not diagnosed.  The Board did not rely upon any Air Force OPR evaluations when deliberating this case.  The Board found no evidence of an error or injustice that occurred in the discharge process.  For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit C.

On 30 May 16, the applicant submitted a request for reconsideration of his original application to upgrade this discharge, and added a request to expunge two days of lost leave.  He notes that since the time of his previous denial, new guidance has been issued regarding the upgrade of discharges for veterans diagnosed with PTSD.  During his period of service he was not diagnosed with post-traumatic stress disorder (PTSD), but the events which led to his discharge clearly demonstrate he had PTSD.  He was never offered an opportunity for counseling.  His legal counsel was derelict in not ensuring all of his options were made available to him.  Counsel’s only recommendation was to accept the discharge.  Concerning his lost leave, the two days of lost time reflect a gross misunderstanding between him and the first sergeant of the Strategic Air Command (SAC) Non-Commissioned Officer (NCO) Academy.  The first sergeant told him there was a flight home available on Friday, which he took as informational and not an order to get on the flight.  He flew home on a commercial flight on Sunday, reported into work on Monday morning, where he was told he would receive an Article 15 for Failure to Repair (AWOL) for two days.  The applicant’s complete submission is at Exhibit D. 

On 25 Aug 17, the Office of the Under Secretary of Defense  (OUSD) issued a memorandum, Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment, which stated, in part, “liberal consideration will be given to veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment.  (Exhibit E)  

AIR FORCE EVALUATIONS:

The AFBCMR Psychiatric Advisor recommends granting the applicant’s request to upgrade his discharge.  The applicant’s numerous misconducts began after deployment starting on 15 Aug 70, until his discharge in 1973.  His physical examination completed as part of the separation process revealed the applicant was previously diagnosed with Severe Neurotic Depressive Reaction by his treating mental care provider, and was eventually hospitalized for this condition for an undisclosed amount of time in 1971.  The Department of Veterans Affairs (DVA) officially diagnosed the applicant with PTSD in 2011.  The 2011 examination revealed the applicant continued to struggle, coping with combat related issues caused by deployment post service and was hospitalized twice in 1979 for two months and in 1981 for one month for these issues.  He is currently receiving treatment for PTSD through the DVA.  

The applicant is correct in his assertion PTSD did not become a recognized and official diagnosis until 1980, which was well after his service in the Air Force.  It is purely postulating and speculative to assume he would meet PTSD criteria at the time if the diagnosis existed, and this consultant could and would not make this determination based on a hypothetical situation and ambiguous information.  However, in 2014, the Department of Defense issued the liberal consideration policy that applies to Vietnam era veterans acknowledging PTSD was not a recognized psychiatric condition until the 1980s.  As such, veterans are afforded the opportunity to appeal to BCMR for an upgrade consideration if a condition or experience may excuse or mitigate the discharge, existed or experienced during military service, and outweighs the discharge.  

A thorough review of the applicant’s available military and medical records support the applicant’s condition and experience meet the criteria for an upgrade in discharge.  Therefore, this consultant recommends granting the applicant’s request to upgrade his discharge to Honorable based on the OUSD liberal consideration policy.  The complete advisory is at Exhibit F.

AFPC Special Programs recommends denying the applicant’s request to expunge two days of lost time from his DD Form 214.  The applicant’s Military Personnel Record (MPR) reflects he was in an AWOL duty status from 19 to 20 Aug 72.  On 29 Aug 72, the applicant received an Article 15 for violation of UCMJ, Article 86.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant did not provide sufficient evidence to justify he was not AWOL between 19 and 20 Aug 72.  The complete advisory is at Exhibit G.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The Board sent copies of the Air Force evaluations to the applicant on 26 Jun 18 for comment (Exhibit H), 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 reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error or injustice regarding part, but not all, of his request.  In particular, the applicant provided sufficient evidence related to his post-traumatic stress disorder (PTSD) to justify granting his request to upgrade his discharge to Honorable based upon the OUSD policy memorandum, Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment, dated 25 Aug 17.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board, therefore, finds no basis to recommend granting that portion of the applicant’s request. 

Therefore, the Board recommends correcting the applicant’s records as indicated below.

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 18 July 1973, he was discharged with service characterized as honorable, with a narrative reason for separation of “Secretarial Authority,” and a separation code of “JFF.” 

However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could 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 Docket Number BC-2013-00994-2 in Executive Session on 1 Aug 18:

Panel Chair
Member
Member

All members voted to correct the record.  The panel considered the following:

Exhibit C: Original Record of Proceedings (ROP), dated 19 Dec 13.
Exhibit D:	Application, RECON DD Form 149, w/atchs, dated 30 May 16.
Exhibit E:  Memorandum, OUSD(P&R), dated 25 Aug 17.  
Exhibit F:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 21 Mar 18.
Exhibit G:	Advisory opinion, AFPC Special Programs, dated 18 Jun 18
Exhibit H:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.