RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2015-03101

XXXXXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge and that he receive reinstatement to active duty for four months.

APPLICANT CONTENDS THAT:

After his discharge, the Department of Veteran Affairs (DVA) diagnosed he had Post-Traumatic Stress Disorder (PTSD) because of his combat service in Vietnam and Cambodia from January 1970 through November 1974.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force technical sergeant who initially entered the Regular Air Force on 18 Oct 68.

On 27 Nov 70, the applicant received non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ), for disorderly conduct.  

On 10 Jun 85, the applicant again received NJP, this time for failure to go at the time prescribed to his appointed place of duty.

On 10 Mar 88, the applicant was charged with wrongful use of cocaine at Norton AFB.  On 14 Jun 88, he requested discharge in lieu of court-martial.  On 29 Jul 88, pursuant to his request, the applicant received a UOTHC discharge in lieu of court-martial.

On 6 Sep 92, the Air Force Discharge Review Board (AFDRB) denied the applicant’s appeal to upgrade his service characterization to honorable.

On 30 Sep 16, the Board sent the applicant the Upgrade of Discharge – Clemency Information Bulletin (Exhibit G), but has received no response.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit’s C and E.

AIR FORCE EVALUATION:

BCMR Medical Advisor opines that the DVA diagnosis for PTSD and the nexus with his service in Southeast Asia are not proof that the applicant’s use of cocaine, which he denied during service but now admits, was caused by PTSD.  The complete advisory is at Exhibit C.

AFBCMR Psychiatric Advisor recommends denying the application, indicating there is no evidence of an error or injustice.  The Psychiatric Advisor does not dispute the applicant’s current mental health diagnosis, but merely states that he has not demonstrated that he suffered from PTSD in the 1970s – 1980s.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copies of the Air Force evaluations to the applicant on 19 Feb 16 and 6 Sep 16 for comment (Exhibit’s D and F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not 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 that the applicant is not the victim of an error or injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, and especially in the absence of post-service information from the applicant, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, 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 Docket Number BC-2015-03101 in Executive Session on 25 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 Jul 15.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Medical, dated 21 Dec 15.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Feb 16.
Exhibit E:	Advisory opinion, AFBCMR Psychiatric, dated 1 Sep 16.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Sep 16.
Exhibit G:	Clemency Bulletin to applicant, dated 30 Sep 16.

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