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FOR OFFICIAL USE ONLY - PRIVACY ACT OF 1974

RECORD OF PROCEEDINGS

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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-0j629

.·		COUNSEL:	 NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THlW:

His general (under honorable conditions)·discharge be upg: aded to honorable to qualify for the Montgomery GI Bill.

APPLICANT  CONTENDS THAT:

He believes his discharge was under a just cause; however, hB needs his discharge upgraded in order to obtain GI Bill ·benefits. He is undergoing treatment in a Veteran 's Affairs facility for behavioral  helth.

The	applicant 's	complete	submission,	with	attachment,	is	at. Exhibit A.

STATEMENT OF FACTS:

On 30 Jun 03, the applicant· initially entered the Regular Air
·Force.

On or about 9  Jul 04, the applicant failed to show for a ma·ndatory test in training.	For this misconquct, he received a Record of · Individual Counseling.

On or about 26 Jan 05, the applicant failed to secure a . spotter while backing a government veh.icle, and as a result, damaged another government vehicle. For this misconduct, ne received a Record of Individual Counseling.     ·  ·

On or about 21 - 25 Mar 05, the applicant failed to attend one of the mandatory physical fitness sessions. For this misconduct, he received a Letter of Admonishment (LOA).

On 10 May 05, the applicant was disrespectful to a Noncommissioned Officer (NCO). For this misconduct, he received a · Record of individual Counseling.

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On or bout 12 May 05, the applicant was late fo morning roll call. For this misconduct, · he .received a Record of Individual Counseling.

On or about 24 May· 05, . the applicant failed to report at the appointed time. For this misconduct, ·he received a LOR and an Unfavorable Information File (UIF) was established.

On or about 16 Nov 05, the applicant willfully assaulted his girlfriend. For this misconduct, he received a LOR, was placed on the control roster and another QIF was established.

On or about 24 Nov 05, the applicant as arrested for failing to comply with a no-contact order.  For this misconduct, he received a Letter of Reprimand (LOR).

On or about 11 May 06 the applicant failed to report to a scheduled dental appointment. For this misconduct he received a Record of Individual Counseling.

On or about 13 Jun 06, the applicant .failed to go at the time prescribed to his appointed place of duty. For this misconduct, he received Article 15, punishment under the Uniform .code of Military Justice (UCMJ).

On or about 21 Jun 06, the applicant arrived 10 mintes late for flight call at which time the squadron commander was present. For this misconduct, he received a Record of Individual tsunseling.
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On or about 7 Dec 06, the applicant failed to go at the time prescribed to his appointed place of duty and mad? a f.alse official
. statement. On or about 11 Dec 06, the applicant failed to go at the time prescribed to his .appointed place of duty. For . this misconduct, he received an Article 15, UCMJ.

On 31 Jan 07, the applicant was notified by his corrunander that he was recommending him for discharge from the Air Force for Conduct Prejudicial to Good Order and. Discipline under the provisions of AFI 36-3208, Admini st ra tive Sepa ra tion of  Airmen .  Before recommending discharge, the commander noted the applicant:had been provided an adequate opportunity ·to ·successfully meet a:nd comply
with Air Force standards. He had been unresponsive to past rehabilitative efforts and corrective actions to include two Article  15 actions, . three LORs, one LOA, and six Records of
·	. Individual Counseling. In addition., an UIF was established. ·By his repeat d misconduct throughout his enlistment, the pplicant had chosen·to disregard the standards expected of military members and had demonstrated a lack of potential to serve satisfactorily. The· c·ornmander did not recommend probation and· rehabilitation. The applicant acknowledged receipt of the notification of discharge.

By undated .memorandum, the Chief, Adverse Actions found the case legally	sufficient	to	support	discharge	and	recommended	the

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applicant receive	general  (under honorable conditions) dscharge without the offer of probation and rehabilitation.

By	undated	memorandum,		the	discharge	authority	apr6ved	the applicant s discharge.	On 15 Feb 07, the applicant was discharged for Conduct Prejudicial to Good Order and Discipline with.:service· characterized as general (urider honorable conditions) ·in the grade
.o	f airman basic.	He served 3 years, 7 months and 15 days of total active service.		·

According to AFHQ Form 0-2077, Ai r For ce Di s char ge Revi ew Boa r d (AFDRB )    Hea r i ng  Recor d  dated 11 Oct 12, the applicant. was offered a per onal ppearance before the AFDRB but declined to xercise this right.. The AFDRB concluded that neither the evic;lence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.   ·

The AFDRB noted the applicant submitted medical records confirming a diagnosis of bipolar disorder three yers after his discharg . The Service Treatment Record (STR) shows the applicant was seen by Life Skills personnel for family maltreatment	of his spouse, the first being minor physical, the second being major physical.	There is no indication in his STR that he was diagnosed with a mental health disorder while serving in the Air Force		Notwithstanding this fact, the AFDRB	recognizes that bipolar	disorder .does not have a sudden onset and that fhe applicant most likely suffered from	this	illness		while	serving.		However		the	board	found insufficient		evidence		to	determine		this . disorder		caused	his misconduct.		Even if the applicant had been diagnosed with bipolar disorder at the time of discharge, there is no provision for a medical diagnosis to automatically override acts of mi conduct, and therefore, no inequity or impropriety was found based on this contention.			The	board		opined	the	seriousness		of		the	willful misconduct	offset any positive	aspects	of the	applicant' s duty performance.		The board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.		On 24 Oct 14, the applicant wa.s notified the AFDRB
careiully reviewed ahd considered all the facts of rectd in his
case and concluded no change in discharge. is warranted.

AIR FORCE EVALUATION:

SAF/MRBP	recommends	denial	indicating		there	is		no · :1,. egal		or equitable		basis	for		discharge	upgrade.		MRBP		reviewed		the· applicant' s records, supporting documents and his previous AFDRB case.	The applicant presented new information in support of his application ·to the AFBCMR.	The new	ir:iformation	consists of	a letter, dated 18 .Aug 15, from the · Department of Veterans Affairs · (DVA) advising that the applicant was enrolled in a Domiciliary Residential	Rehabilitatiori	Treatment		· Program,	that	he	was motivated, and he thoroughly completed all of his assignments.

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When the applicant' s case was previously reviewed by the AFDRB; he . claimed that his discharge was inequitable because his misconduct was due to a then undiagnosed mental health condition, specif.ically · bipolar disorder.		However, the AFDRB confirmed that he was not diagnosed with a mental health disorder· while in the military and· determined	that	there	was	insufficient	evidence	to	find	his misconduct wa$ related to any undiagnosed mental health condition.-

The new information presented by the applicant does not provide sufficient documentation to support that an inequity or an impropriety took place at the ·time of the discharge. The AFDRB determined the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.·

A complete copy of the SAF/MRBP evaluation is at Exhibit C.

APPLICANT'S  REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant. on 23 May 16, for·review and comment within 30 days	(Exhibit D). As of this date, no response has been received by this office. ·

THE BOARD CONCLUDES THAT:

1.	The applicant. has exhausted all remedies provided by. existing law or regulations.

2.	The application was timely filed.

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 in judging the merits of the case; however, we agree with the opinion and recommendation o·f the Secretary of the Air	Force Personnel Council and adopt its rationale as . the basis for our c'onclusion the applicant has not been		the victim	of	an error	of	injustice.		Therefore,	in:the· absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE ·BOARD DETERMINES . THAT: ·

The	applicant	be	hotified	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 orily be reconsiderd upon the submisiion of newly discovered relevant evidence not cdnsidered with. this application.

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The following members · of· the Board .considered AFBCMR Docket Number .· BC-2015-03629	in . Executive	Ses$ion	on	10	Nov	16,	under ·the provisions of AFI 362603:
·Panel Chair Member
Member
The following documentary evidence was considered:

Exhibit A. Exhibit B.
· Exhibit C .. Exhibit D.

DD Form 149, dated 18 Aug 15, w/atch.
Pertinent Excerpts · from Master Personnel Records. Memorandum, SAF/MRBP, undated.
Letter, AFBCMR, dated ·23 May 16.

Pursuant to paragraph 1 of AFI 362603 (Title 32 Code of .Federal Regulations, Part 865.1), it is crtified that a quorum was present at the Board's review and delibrations, and that the foregoin is a true and .complete record of the Board's proceedings in the above entitled matter.

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