RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00785

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST. 

1.  His general (under honorable conditions) discharge be upgraded to honorable.

2.  His narrative reason for separation (Pattern of Misconduct) be changed.

APPLICANT’S CONTENTION.  Instead of being treated for his mental health problems, he was separated.  During his second enlistment, he developed and suffered from Post-Traumatic Stress Disorder (PTSD) and depression.  He was misdiagnosed as an alcoholic and troublemaker.  If given proper treatment, he would have had a great military career.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS. The applicant received numerous Letters of Reprimand (LORs) for domestic dispute; being absent from a mandatory class; failing to meet base vehicle registration requirements; operating a vehicle without a driving permit; failing to pay a debt; and being found guilty by the British magistrate for drunk driving - the second offense.  He also received a Letter of Counseling (LOC) for failing to have the proper equipment for duty.

The applicant submitted a conditional waiver of board hearing contingent upon receiving no less than a general (under honorable conditions) discharge.  The discharge authority approved the waiver and on 15 Jun 98, the applicant received a general discharge and was credited with 7 years, 3 months, and 25 days of active service.

On 20 Jun 16, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response (Exhibit D), but has received no response. 

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

AIR FORCE EVALUATION.  AFPC/DP2STM recommends denying the application.  It has been 16 years since the applicant’s discharge from the Air Force and the applicant did not provide a valid reason for not submitting a timely application.  The discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.  No evidence of an error or injustice in the discharge processing was found.  The complete advisory is at Exhibit C.

The Psychiatric Advisor recommends denying the application.  In compliance with the Liberal Considerations policy for veterans with PTSD applying for the upgrade of discharge characterization, the record supports the applicant’s claim that potentially he suffered from a mental health condition that mitigates his misconduct.  However, the applicant’s current discharge characterization [General] is representative of mitigation, considering the extent and gravity of his misconduct.  Therefore, even though the Department of Veterans Affairs granted compensation for the applicant’s mental health condition, this evidence does not invalidate the appropriateness of the military discharge disposition.  The applicant’s career terminated by his misconduct and not by his inability to fulfill his duty obligations due to the mental health condition.  The decisions of the Military Department did not represent an error or injustice.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 28 Dec 17 for comment (Exhibit F), but has received no response. 

THE BOARD CONCLUDES:

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 and injustice.  The Board finds that a preponderance of the evidence does not substantiate the applicant’s contentions and we are not persuaded that the requested relief is warranted.  Therefore, we agree with the opinions and recommendations of the offices of primary responsibility (OPR) and the AFBCMR Psychiatric Advisor and adopt the rationale expressed as the basis for our conclusion the applicant had not been the victim of an error or injustice.     In the interest of justice, we considered upgrading the discharge based on clemency; however, we find the evidence presented insufficient to recommend relief on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

THE BOARD RECOMMENDS:  The APPLICANT be informed that the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; 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 AFBCMR Docket Number BC-2016-00785 in Executive Session on    21 Mar 18:

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

Exhibit A: Applicant’s application, DD Form 149, dated 25 May 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP2STM, dated 16 Jun 16.
Exhibit D: Letter, AFBCMR, dated 20 Jun 16.
Exhibit E: Advisory opinion, AFBCMR Psychiatric Advisor, dated 14 Dec 17.
Exhibit F: Notification of Advisory, SAF/MRBC to applicant, dated 28 Dec 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 for AFBCMR Docket Number BC-2016-00785