RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03537 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be changed to honorable and his narrative reason of misconduct be changed to medical reasons. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He had a traumatizing experience while in the Air Force that led to many stress related problems on his job. After his separation from the Air Force, the Department of Veterans Affairs (DVA) rated him at 70 percent disabled due to major depression. He paid for the Montgomery GI Bill and is unable to use the benefit. In support of his request, applicant provided statements in his own behalf and a copy of his rating letter from the DVA. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 21 Nov 95 and served for a period of 2 years, 5 months and 11 days. On 18 Feb 98, the applicant received a referral enlisted performance report (EPR). On 27 Apr 98, the applicant was notified of pending discharge action. Records indicate he received an Article 15, Record of Non-judicial Punishment, a Letter of Reprimand, two Letters of Counseling, a verbal counseling, and failed to meet proficiency standards to perform his duties. On 30 Apr 98, the staff judge advocate found the discharge legally sufficient and the discharge authority directed that the applicant be discharged with a general (under honorable conditions) discharge. The applicant was discharged on 1 May 98. ________________________________________________________________ _ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The applicant has been given service connection and disability compensation for a Major Depressive Disorder. During military service he committed a number of minor disciplinary infractions, none of which, in the opinion of the BCMR Medical Consultant, bear a casual or mitigating relationship with his post-service diagnosis of Major Depressive Disorder; even though service connection has been established by the DVA. During the applicant’s military service there is no indication or record of a chronic or acute mental impairment that would warrant a referral for a Medical Evaluation Board (MEB) and the determination of the applicant’s fitness to serve by a Physical Evaluation Board (PEB). Considering the results of the applicant’s intellectual, cognitive, and academic testing; it is more likely than not that a learning disability may have contributed to his repeated failures in on-the-job training. While unsatisfactory duty performance in many instances could result in an honorable service characterization, the applicant’s accompanying unmitigated misconduct makes such a finding inappropriate. The complete BCMR Medical Consultant’s evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that his separation had absolutely nothing to do with him failing to remain in his dormitory, wrongfully entering the dormitory living quarters with a female, false official statements with the intent to deceive, and unexcused absence from duty, but rather his constant learning disabilities which resulted in minor disciplinary infractions. He states the evidence of record does not indicate that he was discharged from the service for the convenience of the Government, misconduct, hardship, a service connected disability, a medical condition that preexisted service and not characterized as a disability, or a physical or mental condition not characterized as a disability, but the result of his own will, which interfered with his performance of duty. He states his evidence shows he decided to separate from the military on his own willfulness. The applicant’s complete response, with attachments, is at Exhibit E. 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 the BCMR Medical Consultant and adopt his 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- 2007-03537 in Executive Session on 7 August 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Oct 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 25 Jun 08. Exhibit D. Letter, SAF/MRBR, dated 27 Jun 08. Exhibit E. Applicant’s Rebuttal, undated, w/atchs.