In RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02877 INDEX CODE: 110.02 COUNSEL: XXX HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge changed to a medical discharge. ________________________________________________________________ _ APPLICANT CONTENDS THAT: A general discharge was an injustice for an injured airman. He feels he deserves a medical discharge due to a horrible accident that he was involved in while in the Air Force that ended his career nine months later. He was run over by a HUMVEE while on duty. The injuries were horrible and led to depression and alcoholism. After the accident he was diagnosed with depression and was caught drinking under age inside the dormitories. The Air Force sent him to rehabilitation for his alcoholism and his depression became worse. It was hard for him to wake up in the mornings. After being tardy to work several times he was apprehended and later court- martialed for dereliction of duty. He was sentenced to 30 days in jail and discharged. He states he even felt like a bad person; however it was all because of his depression and the injuries he suffered. He feels he should have been given a medical discharge and sent to the Veterans Administration (VA) hospital for care. His squadron let things get so bad that he ended up with a general court-martial and a general discharge. It ruined him. Before the accident he was a good airman. He believes the accident gave him emotional as well as mental damage. Before the accident occurred, he states he never suffered from any severe mental illness. Since the accident, he has been diagnosed with Depression, Anxiety, and Attention Deficit Hyperactive Disorder (ADHD). He states he does not believe it’s any of them but post-traumatic stress disorder (PTSD) because he relives the experience. Shortly after the accident he was diagnosed with depression. After being diagnosed with depression, he was caught abusing alcohol underage and was sent to a rehabilitation center. After his release, he was late for work a couple of times and was court-martialed, put in jail for 30 days, and discharged for reasons of misconduct with a general discharge. Within three years of being discharged, he was charged three times for driving under the influence (DUI) in the civilian world. He states he drank to ease his mind from PTSD. Before the accident he had no problems, after the accident he had an abundance of problems caused from the trauma this experience caused. He states he is just now taking steps to upgrade his discharge because he has been sober for a whole year and taking Zoloft. In support of his request, the applicant provided a copy of his enlisted performance report (EPR) before his accident, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, medical records, a letter to the Veteran’s Association, and photos of his injuries. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant entered the active duty Air Force on 4 Feb 98 and served for a period of 2 years, 3 months, and 6 days. His master personnel records do not contain discharge proceedings. On 30 Jul 98, the applicant was not recommended for promotion to the grade of airman due to pending results of a civil court proceeding. On 6 Jul 99, the applicant was run over by a military vehicle. On 15 Nov 99, the applicant received an Article 15, Record of Nonjudicial Punishment, for failure to go at the time prescribed to his appointed place of duty and dereliction of duty for failing to refrain from drinking alcohol while under the age of 21. The applicant received a suspended grade reduction to airman until 14 May 2000, forfeiture of $150 for two months, restriction to base for 45 days, and 20 days extra duty. On 30 Dec 99, the applicant’s suspended sentence was vacated due to him breaking base restriction. On 27 Jan 00, the applicant was permanently decertified from the Personnel Reliability Program for being diagnosed with alcohol dependency. On 13 Mar 00, the applicant received an Article 15 for failure to go at the time prescribed to his appointed place of duty. He was sentenced to reduction to the grade of airman basic, ordered forfeiture of $150 pay per month for two months, 45 days extra duty, and restriction to base for 45 days. The applicant was discharged on 9 May 00 with a general (under honorable conditions) discharge. ________________________________________________________________ _ AIR FORCE EVALUATIONS: AFPC/DPSOS defers to the Board and states they are unable to determine the propriety of the discharge based on a lack of records. The complete AFPC/DPSOS evaluation is at Exhibit C AFPC/DPSD recommends denial. DPSD states that review of the applicant’s available personnel/health treatment records show that the applicant incurred deep bruises on his legs and lower extremities. The only fracture noted was of the proximal phalanx right big toe. His big toe was wrapped with a pressure dressing and he was returned back to duty. His records revealed he had no further problems with this condition. Additionally, DPSD states there was not enough evidence to indicate he would have required a medical board under the authority of AFM 35-4 for this condition to be referred into the Disability Evaluation System. Therefore, the applicant’s condition did not rise to a level that would qualify him for a medical discharge. The complete AFPC/DPSD evaluation is at Exhibit D. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: A copy of the Air Force evaluations were forwarded to the applicant and counsel on 16 Nov 07 for review and comment within 30 days (Exhibit E). As of this date, this office has not received a response. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSD and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ _ The following members of the Board considered Docket Number BC- 2007-02877 in Executive Session on 20 February 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, w/atchs, dated 29 Aug 07. Exhibit B. Applicant's Master Personnel Records. Exhibit C. AFPC/DPSOS Memorandum, dated 2 Oct 07. Exhibit D. AFPC/DPSD Memorandum, dated 9 Oct 07. Exhibit E. SAF/MRBR Letter, w/atch, dated 16 Nov 07. Exhibit F. Applicant’s Rebuttal, w/atchs, undated.