RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04390

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He was sexually assaulted while at technical training school, but was too scared and too embarrassed to report the assault.  He was sent to his next assignment, placed on anti-anxiety and depression medication and placed in a reformatory for his bad behavior.  His commander believed he just had a bad attitude and was unadaptable to the military lifestyle.  He still suffers from the sexual trauma and the Department of Veteran Affairs prescribed him medication for anxiety, depression and nightmares.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.  

On 22 Apr 80, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFM 39-12, Chapter 2, Section A, paragraph 2-4c, for Apathy and Defective Attitude.  The reasons for the action were as follows:

	a. Possession of marijuana, 22 Apr 80
	
	b. Possession of marijuana, 16 Apr 80
	
	c. Failed to obey a lawful order, 14 Apr 80
	
	d. Failure to make restitution for a debt, 14 Apr 80 

	e. Failure to go, 14 Apr 80
	
On 25 Apr 80, the applicant waived his right to a hearing for an administrative discharge board and elected not to submit statements on his behalf.

On 28 Apr 80, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 29 Apr 80.

On 1 May 80, the applicant received a general (under honorable conditions) discharge after serving 6 months and 16 days on active duty. 

On 3 Sep 14, the Secretary of Defense issued a memorandum providing guidance to the Military Department Boards for Correction of Military/Naval Records as they carefully consider each petition regarding discharge upgrade requests by veterans claiming PTSD.  In addition, time limits to reconsider decisions will be liberally waived for applications covered by this guidance.

On 11 Oct 16, according to the documentation provided by the applicant, the Department of Veteran Affairs (DVA) assigned the applicant a permanent 100% disability evaluation for service connected post-traumatic stress disorder (PTSD), effective 25 Jun 16.

On 25 Aug 17, the Under Secretary of Defense issued clarifying guidance to Discharge Review Boards and Boards for Correction of Military/Naval Records considering requests by veterans for modification of their discharges due in whole or in part to mental health conditions [PTSD, Traumatic Brain Injury (TBI), sexual assault, or sexual harassment].  Liberal consideration will be given to veterans petitioning for discharge relief when the application for relief is based in whole or in part on the aforementioned conditions.

Currently, service members diagnosed with mental health conditions receive heightened screening to ensure the causal relationship of possible symptoms and discharge basis is fully considered, and characterization of service is appropriate. Veterans discharged under prior procedures, or before verifiable diagnosis, may not have suffered an error because the separation authority was unaware of their condition or experience at the time of discharge.  However, when compared to similarly situated individuals under current standards, they may be the victim of injustice because commanders fully informed of such conditions and causal relationships today may opt for a less prejudicial discharge to ensure the veteran retains certain benefits, such as medical care.

Liberal consideration does not mandate an upgrade.  Relief may be appropriate, however, for minor misconduct commonly associated with the aforementioned mental health conditions and some significant misconduct sufficiently justified or outweighed by the facts and circumstances.

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

AIR FORCE EVALUATION:

BCMR Psychiatric Advisor recommends granting the application and finds a nexus between the applicant’s psychological distress following a sexual assault and his misconduct; and recommends upgrade of the discharge characterization to honorable and reason for discharge to a Secretarial Authority.  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 20 Jul 18 for comment (Exhibit F), 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 recommends relief based on the Department of Defense Liberal Consideration policy, dated 25 Aug 17.  Therefore, the Board recommends the applicant’s records be corrected as 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 1 May 1980, he received an honorable discharge with a narrative reason for separation of “Secretarial Authority,” and a separation code of “JFF.”

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-2016-04390 in Executive Session on 29 Aug 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 Oct 16
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, BCMR to applicant, dated 4 Apr 17.
Exhibit D:	Advisory opinion, BCMR Psychiatric Advisor, dated 25 Jun 18.
Exhibit E:	Liberal Consideration Letter, SecDef, dated 24 Feb 16.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 20 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.