RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02008

XXXXXXXXXX	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

His discharge Under Honorable Conditions be upgraded to Honorable.

APPLICANT CONTENDS THAT:

He is requesting an upgrade to his discharge to allow him to apply for Veterans Administration benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic and was credited with 1 year, 5 months and 4 days of total active service.

On 06 Feb 70, per Standard Form 513, Clinical Record Consultant Report, the applicant was sent to the 93rd Evac Hospital, Long Bihn, Vietnam for a psychiatric evaluation.  The clinician reported the applicant had a three-year history of drug abuse and was currently in correctional custody for possession of marijuana.  A statement recorded by the clinician made by the applicant: “He reports that he uses marijuana and LSD primarily.  He says he doesn’t like the Air Force and that he takes drugs to escape and wants out of the AF.”  Impression: Passive-Aggressive Personality.

On 08 Feb 70, per Standard Form 600, Chronological Record of Medical Care, the applicant was brought to the 3d Tactical (TAC) Dispensary in Bien Hoa Air Base by security police because he was found naked on top of a sand pile say “I’m God”.  Impression: Patient probably on some type of drugs at present time.  The applicant was restrained to prevent self-harm.

On 24 Feb 70, per Standard Form 502, Narrative Summary, Impression: The patient had a serious drug problem and did not manifest passive-aggressive traits. 

On 19 Jun 70, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFM (Air Force Manual) 39-12, Chapter 2, Section A for “Unsuitability.”  The reasons for the action were as follows:

	a. Article 15: 20 Jan 70, Article 134, wrongfully having possession of marijuana.

	b. Article 15: 17 Feb 70, Article 134, disorderly in station.

	c. Special Court Martial 20 Feb 70, Charge 1: Violation of the Uniform Code of Military Justice, Article 89, behave with disrespect towards a superior commissioned officer.  Charge 2: Violation of the Uniform Code of Military Justice, Article 90, willfully disobey a lawful command from a superior commissioned officer.

On 06 Jul 70, the applicant received an Under Honorable Conditions discharge. 

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application.  There is no evidence or allegation of error or injustice that tends to undermine the sentence adjudged at court-martial.  The basis of the applicant’s discharge was for a diagnosed character and behavior disorder and he received a general discharge characterization predicated on his misconduct.  The applicant does not allege legal or procedural errors in the processing of his court-martial or nonjudicial punishment (NJP) actions that preceded his discharge, but instead contest the facts and circumstances for which he was court-martialed and asserts he was mistreated while in military confinement.

AFBCMR Psychological Advisor recommends denying the application.  The Liberal Consideration Policy developed by the Department of Defense in 2014 with continuous updates thereafter was taken into consideration for a possible recommendation for an upgrade to Honorable discharge in this case, due to the applicant’s reported Post Traumatic Stress Disorder (PTSD) from war related activities since the applicant was deployed to Vietnam, a designated ware zone.  The policy was intended to afford veterans the opportunity to appeal to the Board for Corrections of Military Records (BCMR) for upgrade consideration based on if a condition or experience may excuse or mitigate the discharge, existed or experienced during military service, and outweighs the discharge.  The applicant did not meet all of these criteria due to his drug abuse existing prior to service and his personality disorder for which he was diagnosed, was the mitigated factor to his discharge.  There was no documentation or evidence to support that his traumatic experience in confinement caused his misconduct as he already had misconduct issues prior to confinement and additionally, he informed his psychiatric evaluator that he used drugs because he does not like being in the Air Forces and uses drugs as an escape.  There was no documentation during and post service that suggest his traumatic experiences caused his misconduct and discharge.  His diagnosed PTSD was not considered an unfitting condition for him at the time in service and he was diagnosed with PTSD well after his service.  It is more likely than not that his PTSD symptoms became more bothersome and unmanageable as his mental health condition progressed after service and through time.  An honorable discharge must be based upon a favorable military record.  During the applicant’s short time in the Air Force, the applicant knowingly used illicit drugs that resulted in multiple misconduct infractions and was confined twice with the longest confinement of five months.  The applicant’s behaviors and conduct in service did not reflect a good service record that is required for an honorable discharge.

The complete advisories are at Exhibit C and Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Jul 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.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  The discharge was not unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  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 evidence did not demonstrate material error or injustice, 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-2016-02008 in Executive Session on 22 Aug 18:

, Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Mar 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 24 Oct 16.
Exhibit D:	Letter and Clemency Bulletin, SAF/MRBC, dated 17 Aug 16.
Exhibit E:	Advisory opinion, Psychological, dated 07 Jun 18
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Jul 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.