RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01163

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

1.  He be awarded the Iraq Campaign Medal (ICM) and the Army Achievement Medal (ARAM).  Will Be Administratively Corrected

2.  His records be corrected to reflect foreign service in Iraq and Kuwait.  Will Be Administratively Corrected

3.  His Non-Judicial Punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ), be declared void and removed from his records.

4.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended in Block 14, Military Education, to include combat training.

5.  His honorable discharge be changed to a medical discharge.

APPLICANT CONTENDS THAT:

Because of his diagnosis of Anxiety Disorder, he was unable to handle a firearm when he returned home.  He suffered from symptoms of Anxiety Disorder before his deployment but was deployed anyway.  As a Security Forces member, he was of no use to his command when he came home and separated on an “early education discharge,” which should be changed to a medical discharge.  His reduction in rank was a result of misconduct due to his service-connected disabilities.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 21 Jun 09, the applicant was honorably discharged from the Regular Air Force in the grade of airman first class (A1C, E-3), with a narrative reason for separation of “To Attend School.”  He was credited with 5 years, 9 months, and 2 days of total active service, to include 1 year and 27 days of foreign service.  According to the applicant’s Enlisted Performance Report (EPR) for the period of 1 Apr 08 thru 31 Mar 09, he deployed to Iraq for 180 days.  On 13 Jan 09, the applicant was diagnosed with Panic Disorder with Agoraphobia.  On 21 Mar 09, the applicant submitted a Voluntary Separation Application under provision of Early Release to Further Education and on 26 Mar 09, the application was approved.  

On 15 Apr 16, AFPC/DPAPP were able to verify and confirm boots on ground in Turkey and Iraq for a total of 1 year, 6 months, and 4 days and requested his DD Form 214 be administratively corrected (Exhibit C).  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits D, E, F, and G.

AIR FORCE EVALUATION:

AFPC/DP3SP makes no recommendation regarding the applicant’s request for award of the ICM and ARAM indicating the applicant’s record will be administratively corrected.  DP3SP were able to determine the applicant should have been awarded the ARAM, ICM w/one Bronze Silver Star (ICM w/1BSS), and the Air Force Expeditionary Service Ribbon with Gold Border (AFESR w/GB).  The complete advisory is at Exhibit D.

AFLOA/JAJM recommends denial of the applicant’s request to remove his Article 15 punishment indicating there is no evidence of an error or injustice.  On 20 Oct 08, the applicant was notified of his commander’s intent to impose NJP for one specification of insubordinate conduct towards a noncommissioned officer in violation of Article 91, UCMJ.  The commander imposed punishment of a reduction of rank to the grade of E-3 and a reprimand.  The applicant did not appeal the punishment and on 24 Oct 08, the NJP was found legally sufficient.  The punishment decision was well with the limits of the commander’s authority and discretion.  Additionally, the application is untimely.  The complete advisory is at Exhibit E.

AF Training recommends denial of the applicant’s request to include combat training on his DD Form 214 indicating the applicant has not provided any supporting documentation to verify completion of training.  Documentation should include course title, number, and date of completion. The complete advisory is at Exhibit F.

The BCMR Psychiatric Consultant makes no recommendation regarding the applicant’s request for a medical discharge or retirement.  However, it is highly likely that given enough time, the applicant would had been processed through the Medical Evaluation Board (MEB).  Nevertheless, the applicant did not allow the process to take its course, but instead rushed to leave the Air Force.  The applicant was involved in consistent mental health treatment for two months, at the time of his application for an early release.  The Department of Veterans Affairs (DVA) evaluated the applicant’s diagnosis of panic disorder without agoraphobia and assigned a 50 percent disability rating.  Even though the DVA granted compensation for the applicant’s medical condition, this evidence on its own does not invalidate the appropriateness of the military discharge disposition, largely driven by the applicant’s own desires to pursue higher education outside of the Air Force.  Lastly, regarding the applicant’s claim that his Article 15 and consequent loss of rank was a result of misconduct due to his service-connected disabilities, not all misconduct is automatically mitigated by the presence of a mental health condition and there is no indication that the applicant’s disrespectful language was a product of his psychiatric illness.  The complete advisory is at Exhibit G.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copies of the Air Force evaluations to the applicant on 5 Feb 18 for comment (Exhibit H), 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 error or injustice.  The Board concurs with the rationales and recommendations of the Air Force offices of primary responsibility, 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, other than the administrative corrections noted above, the Board recommends against correcting the applicant’s records.

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.

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-2016-01163 in Executive Session on 8 May 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 18 Mar 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Notification Memorandum, AFPC/DPAPP, dated 15 Apr 16.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 3 Jun 16.
Exhibit E:	Advisory opinion, AFLOA/JAJM, dated 6 Oct 16.
Exhibit F:	Advisory opinion, AF Training, dated 9 Nov 16.
Exhibit G:	Advisory opinion, BCMR Psychiatric Consultant, dated 31 Jan 18.
Exhibit H:	Notification of Advisory, SAF/MRBC to applicant, dated 5 Feb 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 for Docket Number BC-2016-01163.