RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01809

	COUNSEL: NONE
	
	HEARING: NO	

APPLICANT REQUESTS THAT:

Her Under Other than Honorable Conditions (UOTHC) discharge be upgraded to either General (Under Honorable Conditions) or an Honorable discharge.

APPLICANT CONTENDS THAT:

She was sexually assaulted by her superiors and physically abused by her husband, who was also an active duty airman, and was forced to use drugs and perform sexual acts while in service. She reported using cocaine to help her cope with these incidents and never received substance abuse or mental health treatment while in service to cope with these abuses.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force staff sergeant.

On 24 Jan 91, the applicant was notified of the charges against her for wrongful use of cocaine between 1 Nov 90 and 13 Nov 90, DD Form 458, Charge Sheet, and the squadron section commander did not recommend her for rehabilitation.

On 8 Feb 91, the applicant requested discharge in lieu of trial by court-martial and on the same date, the Area Defense Counsel (ADC) indicated that the defense anticipated entering a plea of not guilty on the applicant’s behalf if the case went to trial and they had credible testimony that, if the applicant ingested cocaine, she did so unknowingly. 

On 12 Feb 91, the discharge action was found legally sufficient and on the same day, the applicant’s commander recommended granting the applicant’s request.

On 13 Feb 91, the discharge authority approved the recommendation and directed the applicant to be separated from the Air Force with an UOTHC discharge in lieu of trial by court-martial.

On 15 Feb 91, the applicant was furnished an UOTHC discharge, with a Narrative Reason of “Req for Discharge in Lieu of Trial by Court-Martial.”

On 25 Aug 17, the Secretary of Defense provided a memorandum for Secretaries of the Military Department, Clarifying Guidance to Military Discharge Review Board, and Boards of Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment, which stated, “Invisible wounds, however, are some of the most difficult cases they [BCMR/DRB] review and there are frequently limited records for the boards to consider, often through no fault of the veteran, in resolving appeals for relief.  Standards for review should rightly consider the unique nature of these cases and afford each veteran a reasonable opportunity for relief even if the sexual assault or sexual harassment was unreported, or the mental health condition was not diagnosed until years later.”

A request for post-service information was forwarded to the applicant on 4 Nov 16 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

On 30 Jan 17, the Department of Veterans Affairs (VA) notified the applicant that her contention for posttraumatic stress disorder due to military sexual trauma was deferred for pending completion of VA examination.

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

AIR FORCE EVALUATION:

AFBCMR Psychiatric Advisor recommends granting the application.  The Department of Defense Liberal Consideration policy provides consideration guidance for discharge relief to veterans whose misconduct was related to post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), or behaviors consistent with experiencing sexual assault or sexual harassment.  The latter two conditions obviously apply to applicant.  A thorough review of applicant’s available military and medical records and other information provided by the applicant as part of her appeal application support that her condition and experience meet all of the listed criteria for an upgrade of discharge characterization. Therefore, considering the severity of the applicant’s trauma it is recommended to grant the applicant’s request to upgrade her discharge at least to General and possibly to Honorable based on the Department of Defense Liberal Consideration Policy.  The complete advisory is at Exhibit D.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 17 May 18 for comment (Exhibit E), but has received no response. 

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, 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 the victim of an injustice.  While the Board finds no error in the original discharge process, the Board agrees with the AFBCMR Psychiatric Advisor and recommends granting relief based on the Department of Defense Liberal Consideration policy, dated 25 Aug 17.  The Board considered upgrading the applicant’s discharge to fully honorable; however, based on the circumstances in this case, the Board did not believe it was warranted.  Therefore, the Board recommends the applicant’s records be corrected to the extent indicated below.

THE BOARD RECOMMENDS THAT:  

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 15 February 1991, she was discharged with service characterized as general (under honorable conditions). 

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-2016-01809 in Executive Session on 11 Jul 18:

	Panel Chair
	Member
	Member

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

Exhibit A:  Application, DD Form 149, w/atchs, dated 27 May 16, 19 Jul 16 and not dated.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 4 Nov 16.
Exhibit D:  Advisory opinion, BMCR Psychiatric Advisor, dated 18 Apr 18.
Exhibit E:   Notification of Advisory, SAF/MRBC to applicant, dated 17 May 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.