RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00660

	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

	1.   Set aside/Removal of two nonjudicial punishments (NJP).

	2.  Reinstate his rank to E-5.

	3.  Amend DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, to reflect rank of E-5.

	4.  Delete Unfit for Duty (Due to PTSD) from his narrative reason for discharge.

	5.  Receive all medals he may be entitled to receive.

APPLICANT CONTENDS THAT:

He was unfairly discharged after being diagnosed with Post Traumatic Stress Disorder (PTSD) five weeks before his enlistment contract ended.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.  The applicant commenced his enlistment in the Air Force on 24 Apr 68.  On 1 Aug 71, the applicant was promoted to staff sergeant (E-5).  The applicant received two NJP actions under Article 15 of the Uniform Code of Military Justice, for failing to go to his appointed place of duty and for not getting a haircut.  His punishment consisted of a fine and reduction in rank.  The applicant was honorably discharged on 17 Mar 72 and was credited with 3 years, 10 months and 24 days of active service.  

Under BC-2006-01116, the applicant requested his rank be reinstated (E-5), retroactive payment for Department of Veterans Affairs (DVA) benefits, and award of the Purple Heart (PH) Medal.  On 25 Jul 06, the Board considered and denied the applicant’s request.  On 10 Oct 14, the applicant requested reconsideration.  On 24 Oct 15, the Board reviewed the request and advised the applicant the request did not meet the criteria for reconsideration.

Under BC-2010-00748, the applicant requested his honorable discharged be changed to a medical discharge due to his diagnosis of depression and anxiety disorder.  On 14 Jan 11, the Board denied the applicant’s request.

Under BC-2014-03083, the applicant requested award of Air Force Outstanding Unit Award w/Valor (AFOUA w/V), the Vietnam Service Medal (VSM) and the Republic of Vietnam Gallantry Cross w/Palm (RVNGC w/P).  On 11 Feb 15, the applicant’s record was administratively corrected to add the VSM w/3 BSS, AFCM, AFOUA w/V and 1 BOLC and the RVNGC w/P. 

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

AIR FORCE EVALUATION:

AFBCMR Psychiatric Consultant recommends denying the application.  The applicant previously submitted requests for a medical discharge.  After thoroughly reviewing the case file, the Psychiatric Consultant concurs with the opinion and recommendation of the evaluation previously provided by the Medical Consultant and recommends denial of applicant’s request due to insufficient evidence to support that his PTSD was an unfitting condition causing career termination.  The complete advisory is at Exhibit C.

AFLOA/JAJM recommends denying the application as untimely.  AFLOA/JAJM found no evidence to support removal of the NJP the applicant received.  The commander’s ultimate decision to impose NJP was based on the evidence of the case, and his punishment decision was well with the limits of his authority and discretion.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copies of the Air Force evaluations to the applicant on 13 Jul 18 for comment (Exhibit E), and the applicant replied on that same date.  In his response, the applicant contended after his diagnosis depression (PTSD), he was immediately demoted and discharged.  His unit felt he was of no use since he could not carry a weapon.  The applicant’s complete response is at Exhibit F.

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 the applicant is not the victim of an error or injustice.  The Board concurs with the Air Force evaluations 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.

4.  The applicant has not shown that a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues in the case.

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.

The application was adjudicated without a personal appearance.

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-2016-00660 in Executive Session on 20 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Feb 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Psychiatric Consultant, dated 13 Jun 18.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 12 Jul 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Jul 18.
Exhibit F:	Applicant’s response, dated 13 Jul 18.

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