RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04279

	COUNSEL: NONE

 	HEARING: NO

APPLICANT REQUESTS THAT:

His Dishonorable Discharge be upgraded to a Under Honorable Conditions (General) Discharge.

APPLICANT CONTENDS THAT:

His misconduct was the result of his brain tumor that was misdiagnosed as paranoid schizophrenia.  He informed his superiors he was experiencing auditory and visual hallucinations and needed help.  He was not provided any help.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

On 10 Dec 91, the convening authority published General Court-Martial Order No. 27.  The Order stated the applicant pled guilty to one charge, one specification of desertion (Article 85), and one charge and one specification of escaping from confinement (Article 95).  The applicant was sentenced to a dishonorable discharge, confinement for two years, reduction to airman basic and total forfeiture of pay and allowances.  The applicant’s confinement was reduced to 18 months.  His conviction was affirmed in 1992.  On 28 Aug 92, he was dishonorably discharged.

On 16 May 17, a request for post-service information and a Federal Bureau of Investigation (FBI) background check was forwarded to the applicant (Exhibit C).  As of this date, no response has been received by this office.

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application. There is no evidence of an error or injustice occurring during the court-martial or sentencing.  The applicant has not provided any evidence to show he was diagnosed with a brain tumor and that it led to his misconduct.  The complete advisory is at Exhibit D.

The AFBCMR Psychiatric Consultant recommends denying the application.  There was no evidence found or provided showing the applicant was diagnosed with a brain tumor or schizophrenia while in military service.  There was a diagnosis for Adjustment Disorder and Personality Disorder.  However, these disorders are not compensable under the Disability Evaluation System.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 13 Sep 18 for comment (Exhibit F), 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 and injustice.  The Board concurs with the rationale and recommendations of AFLOA/JAJM and the AFBCMR Psychiatric Consultant and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also considered upgrading the discharge characterization on grounds of clemency, but finds no basis to do so in the absence of post-service information.  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-2016-04279 in Executive Session on 11 Oct 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 DD MMM YY.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, w/atch16 May 17.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 21 Aug 17.
Exhibit E:	Advisory opinion, AFBCMR Psychiatric Consultant, dated 9 Jul 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Sep 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.