RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02464 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He sustained multiple incidents of stressors that ultimately led to a diagnosis of military sexual trauma and Post Traumatic Stress Disorder (PTSD). He received no mental health treatment for these injuries. The undiagnosed PTSD and lack of treatment are primary factors that led to his arrest for misconduct. He has demonstrated rehabilitation and exemplary citizenship throughout his military/civilian law enforcement career and his personal life. A request for correction to Honorable discharge is with merit. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 29 Mar 83. On 30 Apr 88, the applicant was furnished an honorable discharge, with narrative reason for discharge of “Early separation program – strength reduction,” and was credited with five years, one month, and two days of active service. On 9 Jul 88, the applicant reenlisted in the Air Force Reserve (USAFR). According to Reserve Order dated 7 Jul 98, the applicant was furnished a general (under honorable conditions) discharge from the USAFR, for misconduct, a pattern of misconduct, conduct prejudicial to good order and discipline, and commission of a serious offense, effective 22 Jul 98. The reasons for this action included the following: a. On or about 3 Aug 96, the applicant willfully violated a protection from abuse order. b. On or about 12 Sep 96, the applicant wrongfully used his official position to solicit a bribe. c. On or about 14 Jul 97, the applicant plead guilty to and was convicted of official misconduct. On 21 Jul 14, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C). In response, the applicant provides a Federal Bureau of Investigation criminal history report, mental health report, character references and an expanded personal statement describing his military service and activities since leaving the military (Exhibit D). Section 547 of the 2015 National Defense Authorization Act included the following language for the confidential review of characterization of terms of discharge of members of the Armed Forces who are victims of sexual offenses: (1) To give due consideration to the psychological and physical aspects of the individual’s experience in connection with the sex-related offense; and (2) To determine what bearing such experience may have had on the circumstances surrounding the individual’s discharge or separation from the Armed Forces. 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 an error or injustice. We took notice of the applicant's complete submission, to include his rebuttal response, in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient for us to conclude that such action is warranted. In addition, we also note the applicant has provided excerpts from his Department of Veterans Affairs (DVA) medical records related to his PTSD resulting from military sexual trauma that occurred when he served in the Regular Air Force prior to his release from active duty in Apr 88. In accordance with the provisions of Section 547 of the 2015 National Defense Authorization Act, we are required to give due consideration to the psychological and physical aspects of an individual’s experience in connection with a sex-related offense and determine what bearing, if any, such an experience may have had on the circumstances surrounding the individual’s discharge or separation from the Armed Forces. However, after a thorough review of the evidence of record and the applicant’s complete submission, we do not find the evidence presented by the applicant is sufficient to conclude that there was a causal nexus between the lingering effects of the military sexual trauma and the applicant’s offenses in the civilian community which formed the basis for his general (under honorable conditions) discharge some ten years later. While it is clear that the DVA was convinced the applicant was the victim of military sexual trauma and we are encouraged that he has availed himself of the treatment programs and compensation available to him through the DVA, the evidence presented is not sufficient to conclude that his PTSD was the cause of his misconduct in the civilian community for which he was discharged from the Air Force Reserve. 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2014-02464 in Executive Session on 25 Mar 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02464 was considered: Exhibit A. DD Form 149, dated 11 Jun 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 21 Jul 14. Exhibit D. Letter, Applicant, dated 12 Sep 14, w/atchs.