RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00931

	COUNSEL: NONE

	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions (UOTHC) discharge be corrected to reflect medical discharge.

APPLICANT CONTENDS THAT:

When he enlisted he was told he would not be able to do certain jobs due to his mental health, but because of his pleading and convincing, he was allowed to enter into the Security Forces field.  He should have never been allowed to enter the Security Forces field and should have been given a medical discharge due to his mental health.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

On 7 Jul 99, the applicant was notified of the commander’s intent to recommend his discharge from the Air Force for a pattern of misconduct – conduct prejudicial to good order and discipline. 

On 8 Jul 99, the applicant acknowledged receipt of the action and elected not to waive his right to a hearing before an administrative discharge board, not to waive his right to counsel and not to submit a statement on his behalf.

On 26 Jul 99, the applicant waived his right to a hearing before an administrative discharge board.

On 2 Aug 99, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 3 Aug 99.  

On 6 Aug 99, the applicant was furnished an UOTHC discharge, and credited with 1 year, 8 months and 1 day of active service.

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

AIR FORCE EVALUATION:

BCMR Psychiatric Advisor recommends denying the application. It appears that the applicant’s childhood condition of Oppositional Defiant Disorder, which is a type of conduct disorder was not resolved. Instead, he progressed on to a Personality Disorder, Antisocial Personality Disorder.  Had the applicant not had a waiver for an administrative discharge he most certainly would have received an administrative discharge for Personality disorder.  The individual is at least 18 years of age and there is evidence of conduct disorder with onset before age 15 years. The occurrence of antisocial behavior is not exclusively during the course of schizophrenia or bipolar disorder. The commission of the extensive number of and variety of behaviors within the short period of time that this applicant was in the military service would most certainly satisfy the definition of Antisocial Personality Disorder. Personality Disorders are mental health disorders but are designated by the military as unsuiting rather than unfitting.  Consequently, Personality Disorders are administratively discharged.  Had this applicant not had a waiver for an administrative discharge he most certainly would have received an administrative discharge for Personality disorder. UOTHC he would have most certainly received an administrative discharge for Personality Disorder.  At this point there is no evidence in the record of any behavior or recent history to suggest any change in the discharge.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 8 Jun 18 for comment (Exhibit D), but has received no response.

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 that the applicant is not the victim of an injustice.  The Board concurs with the rationale and recommendation of the BCMR Psychiatric Advisor and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.   The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2016-00931 in Executive Session on 18 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Jan 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, BCMR Psychiatric Advisor, dated 9 Feb 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 Jun 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.