RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-05074

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her Bad Conduct Discharge (BCD) be upgraded to an Honorable Discharge.

APPLICANT CONTENDS THAT:

Her discharge should be upgraded to honorable based on her honorable service during her first enlistment.  During her second enlistment, three co-workers sexually assaulted her.  As a result, she turned to drugs and alcohol, which ultimately led to the downfall of her military career.  She was not provided an opportunity for treatment for drugs or alcohol.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

On 6 Nov 01, the convening authority published Special Court-Martial Order No. AB-1.  The Order stated the applicant pled guilty to one charge, one specification of wrongfully using a Schedule I controlled substance (Ecstasy).  The applicant was sentenced to confinement for one month, forfeiture of pay for 1 month, reduction to the grade of Airman Basic, and a BCD.

On 25 Oct 02, the applicant was discharged with a BCD.  She was credited with 6 years, 7 months and 12 days of active service.

A 23 Nov 15 letter, provided by the applicant and from her psychologist, stated during the applicant’s visits she reported she experienced several traumatic events prior to entering the military and while in the military.  The psychologist believes the applicant’s discharge was the result of the traumatic events she experienced.  The psychologist states the applicant’s military experiences resulted in service-connected Post Traumatic Stress Disorder (PTSD).

On 11 Dec 15, a Department of Veterans Affairs (DVA) Compensation and Pension (C&P) evaluation found the applicant did not meet the criteria for PTSD, but did meet the criteria for Bipolar Disorder.

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  There is no evidence of error or injustice.  The applicant’s duty history, the aggravating circumstances of the offense, and any extenuation or mitigation evidence provided by the applicant were considered in determining an appropriate sentence.  Military defense counsel at trial represented her.  The maximum allowable punishment for the offense of which the applicant was convicted was five years confinement, forfeiture of all pay and allowances, reduction to E-1, and a dishonorable discharge.  The applicant’s case underwent a review by the appellate court, which found it legally sufficient.  The punishment adjudged and approved by the convening authority was within the range of permissible punishments.  There is no evidence or allegation that the applicant was not afforded all of her due process rights at trial and on appeal.  The complete advisory is at Exhibit C.

AFBCMR Mental Health Consultant recommends denying the application.  There is no evidence of an error or injustice.  A review of the available documentation does not support a diagnosis for PTSD.  The evaluation from the psychologist indicated if the applicant had PTSD, it was due to an event prior to her enlistment. There was no evidence found stating three co-workers assaulted the applicant during her time in service.  The letter from the psychologist referenced the applicant being raped while on active duty, but did not when or where the incident occurred or who committed it.  If the applicant had PTSD, there is new supplemental guidance regarding the diagnosis of PTSD, particularly instituted to deal with the Veterans of the Vietnam War.  In this, there is the recommendation to give liberal consideration for veterans who have been discharged due to substance use or misconduct.  This went into effect 3 Sep 14.  It, however, does not impede the judicious evaluation of the event and whether or not it actually contributed to the negative outcome i.e., her discharge.  The complete advisory is at Exhibit D.

SAF/MRBP notes there is no record to indicate the applicant sought a remedy through the Discharge Review Board (DRB) before applying to the BCMR.  The DRB may upgrade a discharge adjudged by a Special Court-Martial based on clemency.  However, the request must be made within 15 years of the discharge.  The applicant was discharged on 25 Oct 02, and would have to apply to the DRB no later than 25 Oct 17.  Therefore, SAF/MRBP recommends the applicant’s case be adjudicated by the BCMR.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 9 Aug 17 and 6 Sep 17 for comment (Exhibits E and G), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was 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 and injustice.  The Board concurs with the rationale and recommendation of AFLOA/JAJM and the AFBCMR Mental Health Consultant and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  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-2015-05074 in Executive Session on 18 Oct 18:

, Panel Chair
, Panel Member
r, Panel Member

All members voted not to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05074: 

Exhibit A:	Application, DD Form 149, w/atchs, dated 24 Nov 15.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 10 Jun 16.
Exhibit D:	Advisory opinion, AFBCMR Mental Health Consultant, dated
		5 Jun 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 9 Aug 17.
Exhibit F:	Advisory opinion, SAF/MRBP, dated 29 Aug 17.
Exhibit G:	Notification of Advisory, SAF/MRBC, dated 6 Sep 17.

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