RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00705 

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  That misconduct be removed from her DD Form 214, Certificate of Release or Discharge from Active Duty, and she receive a medical separation or retirement.

APPLICANT’S CONTENTION.  Her misconduct was the result of her mental instability.  She has since been diagnosed with Schizoaffective.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant was separated from the Regular Air Force on 4 May 06, with an Under Honorable Conditions (general) discharge for Misconduct – Minor Disciplinary Infractions and Conditions That Interfere With Military Service: Mental Disorder – Adjustment Disorder.  She was credited with 1 year, 2 months, and 13 days of active service.  On 30 Apr 09, the Air Force Discharge Review Board denied the applicant’s request to upgrade her discharge and change the reason and authority.  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.  The BCMR Medical Consultant recommends partially granting the application by changing the character of service to Honorable and removing the misconduct portion of the reason for discharge, indicating the Adjustment Disorder was present prior to her series of infractions.  The complete advisory is at Exhibit C.  

The BCMR Psychiatric Consultant recommends partially granting the application by upgrading the discharge characterization to Honorable and changing the narrative reason for separation to Adjustment Disorder, indicating her misconduct was the product of her developing mental illness.  However, her diagnosis was adjustment disorder at that time and there was clearly no evidence available to prognosticate the development of her current condition.  

The military Disability Evaluation System (DES), can by law, under Title 10, United States Code (U.S.C.), only offer compensation for those service incurred diseases or injuries which specifically rendered a member unfit for continued active service and were the cause for career termination; and then only for the degree of impairment present at the “snapshot” time of separation and not based on post-service progression of disease or injury.  This law would not allow a medical discharge at this point but it would be possible to discharge the applicant with an Honorable discharge for adjustment disorder.  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 3 Jan 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.  

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 to warrant a medical separation or retirement.  Having carefully reviewed this application, we agree with the recommendations of the BCMR Medical Consultant and BCMR Psychiatric Consultant and adopt the rationale expressed as the basis for our decision. Furthermore, as the BCMR Psychiatric Consultant noted a diagnosis of adjustment order existed that was the basis for discharge and by law, a medical discharge is not permissible at this time.  In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

4.  Notwithstanding the above, it is the Board’s opinion that the applicant is the victim of an error and injustice to warrant partial relief.  Having carefully reviewed this application, we agree with the opinions and recommendations of the BCMR Medical Consultant and BCMR Psychiatric Consultant and adopt the rationale expressed as the basis for our decision the applicant has been the victim of an injustice.  Therefore, we recommend the applicant’s record be corrected to the extent indicated below.

THE BOARD RECOMMENDS: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 4 May 06, she was discharged with an Honorable Character of Service and a Narrative Reason for Separation of Adjustment Disorder.

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 AFBCMR Docket Number BC-2016-00705 in Executive Session on 28 Mar 18:

			      , Panel Chair
			, Panel Member
			    , Panel Member

All members voted to correct the record as recommended.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 17 Feb 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, BCMR Medical Consultant, dated 13 Oct 17.
Exhibit D: Advisory opinion, BCMR Psychiatric Consultant, dated 19 Oct 17
Exhibit E: Notification of Advisory, SAF/MRBC to applicant, dated 3 Jan 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.