RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03768

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from a Bad Conduct discharge to anything as per Defense Secretary Chuck Hagel memo dated 3 Sep 14.

APPLICANT CONTENDS THAT:

His DD Form 214 is incorrect since the creation of the Defense Secretary Chuck Hagel memo dated 3 Sep 14 concerning Post Traumatic Stress Disorder (PTSD).  He was suffering from PTSD before, during and after his service and it has been documented by the military mental health providers at the time of the incident.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 5 Mar 99, the applicant was furnished an Entry Level Separation with a character of service of Uncharacterized with a narrative reason for separation of Failed Medical/Physical Procurement Standards and was credited with 2 months and 6 months of active service.

On 18 Jun 01, the applicant was furnished a Bad Conduct discharge per Special Court Martial Order #6 for the following offenses:

	a) Did, in the continental United States, on or about 24 December 99, wrongfully communicate certain language, to wit: “I am watching you; you will pay for destroying my life with the Air Force and destroying my life.  I watched you at Luke and now I’m going to hurt you everybody you spent time with will pay for your mistake.  That family you stayed with and that chief, and those airmen you were with they will all pay your price…I will take my revenge I have 500 pounds of explosives I stole from the mine near Luke it’s going to be quite a celebration on Monday 3 January 00 you will know what pain is…..,” which language constituted a threat to harm a person or property by means of an explosive.

	b) Did, in the continental United States, on or about 25 December 99, wrongfully communicate certain language, to wit: “I am going to blow up your base with the 500 pounds of explosives I stole from the mine on 3 Jan 00….,” which language constituted a threat to harm a person or property by means of an explosive.

	c) Did, at or near Buckley G Air National Guard Base, Colorado, between on or about 20 Dec 99 and on or about 27 Dec 99, wrongfully and willfully impersonate a commissioned officer of the Air Force by publicly wearing the uniform and insignia of rank of a second lieutenant of the Air Force.

On 18 Jun 02, the applicant submitted a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, requesting his discharge be upgraded to an Entry Level Separation or Uncharacterized.

On 6 Aug 03, the Air Force Discharge Review Board (DRB) notified applicant that his personal appearance hearing would be held on 24 Oct 03 per his request.

On 24 Oct 03, the DRB concluded that the applicant’s punitive discharge by Special Court-Martial was appropriate under the facts and circumstances of this case and there was insufficient basis, as an act of clemency, for change of discharge.  The applicant was scheduled for a personal appearance before the DRB and after acknowledging intent to appear, he failed to show without requesting a postponement.

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

AIR FORCE EVALUATION:

AFBCMR Psychiatric Advisor recommends denying the application concluding there is insufficient evidence to warrant the desired change of the record.  The applicant’s discharge was clearly due to egregious actions and he did not submit any additional information since his last Board request was denied as to why the Board should make the requested changes.  The applicant makes reference to the Hagel memorandum, however he did not provide information to explain why it should be considered in his case.  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 18 May 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was 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 rationale and recommendation of AFBCMR Psychiatric Advisor and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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.

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-2016-03768 in Executive Session on 15 Aug 18:

, Panel Chair
, Member
, Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 13 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Medical Advisor, dated 15 May 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 18 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.