RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03111 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to general (under honorable conditions). ________________________________________________________________ APPLICANT CONTENDS THAT: He suffered a nervous breakdown after his family was taken out of the war zone during Operation Just Cause. He was diagnosed with Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI); both conditions were overlooked. As a combat veteran who served on active duty in Panama, he is asking the Board to reverse the actions taken against him due to his PTSD by throwing out the convictions and issuing him an honorable discharge. In support of his appeal, the applicant provides documentation from his master personnel records, excerpts from his medical records, articles regarding PTSD and TBI and other supporting documentation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the regular Air Force on 7 June 1979. On 4 March 1988, he pled guilty and was found guilty by general court-martial of wrongfully using cocaine, in violation of Article 112a, Uniform Code of Military Justice (UCMJ). He was sentenced to a bad conduct discharge, confinement for 10 months, and reduction to the grade of airman basic. On 20 September 1988, confinement in excess of 9 months was remitted. On 20 December 1988, the convening authority ordered the bad conduct discharge be executed. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. On 9 February 1988, the convening authority referred one charge and one specification of wrongful use of cocaine, in violation of Art 112a, UCMJ, to a general court-martial. On 23 February 1988, at the request of the trial counsel, the military judge ordered a sanity board. The applicant was apparently receiving mental health care at the time. After conducting the sanity board, the clinical psychologist reported the applicant did not have a severe mental disorder or defect at the time of the criminal misconduct. He was suffering from adjustment disorder and depressed mood and was able to appreciate the wrongfulness of his conduct. After considering the extenuating and mitigating factors, the military judge sentenced him to a bad conduct discharge, confinement for 10 months, forfeiture of $100.00 per month for 10 months and reduction to E-1. On 22 April 1988, the convening authority approved the findings and the sentence. The applicant appealed to the Air Force Court of Criminal Appeals; however, they affirmed the findings and the sentence. On 20 September 1988, the convening authority remitted confinement in excess of nine months. The applicant petitioned the Court of Military Appeals; however, that petition was denied. Title 10 U.S.C 1552(f) limits the Boards ability to correct court-martial records. Specifically, it permits the correction of a record to reflect actions taken by a reviewing authority and the correction of records related to action on the sentence of courts-martial for the purpose of clemency. Apart from these two limited exceptions, the Board is without authority to reverse, set aside, or otherwise expunge a court-martial conviction that occurred after 5 May 1950. The applicant requests his bad conduct discharge be upgraded. He claims to have suffered a nervous breakdown after his family was taken out of Panama due to Operation Just Cause. He points to PTSD which was diagnosed in 2012 as justification for this upgrade and states he has been treated for these conditions for 20 years. Although the applicant may not have been diagnosed with PTSD in 1988, there was evidence of his mental health condition, which he was free to present at his court-martial. The developed understanding of PTSD since 1988 is not enough to constitute an error or injustice which would justify eliminating the punitive discharge he received as a result of his knowing and conscious decision to use cocaine while in the military. Rules for Court-Martial 1003(b)(8)(C) states a bad conduct discharge is designed as punishment for bad conduct. It also indicates that a bad conduct discharge is more than merely a service characterization; it is punishment for crimes committed while a member of the Armed Forces. The applicant’s sentence was an appropriate sentence for the offenses committed and well within the legal limits. A bad conduct discharge was and continues to be part of a proper sentence. Additionally, his record of trial shows no error in the processing of his court- martial. The complete JAJM evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant for review and comment on 30 August 2013 (Exhibit D). 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 note this Board is without authority to reverse, set aside, or otherwise expunge a court-martial conviction. Rather, in accordance with Title 10, United States Code, Section 1552(f), our actions are limited to corrections to the record to reflect actions taken by the reviewing officials and action on the sentence of the court-martial for the purpose of clemency. We find no evidence which indicates the applicant’s service characterization, which had its basis in his court-martial conviction and was a part of the sentence of the military court, was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice (UCMJ). We have considered the applicant's overall quality of service, the court-martial conviction which precipitated the discharge, the seriousness of the offenses to which convicted. Based on the evidence of record, we cannot conclude that clemency is warranted. In view of the above, we cannot recommend approval based on the current evidence of record. ________________________________________________________________ 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-2013-03111 in Executive Session on 1 April 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, 23 Jun 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 19 Aug 13. Exhibit D. Letter, SAF/MRBR, dated 30 Aug 13. 1 2