RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01645 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded and his name be placed on the Temporary Disability Retired List (TDRL) with an effective date of 23 Dec 08. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was administratively separated on 23 Dec 2008 as a result of a third driving under the influence (DUI) of alcohol incident and violation of Article 112 of the Uniform Code of Military Justice (UCMJ). In 2006, he was diagnosed with Post-Traumatic- Stress Disorder and believes this condition was directly related to the actions that ultimately resulted in his discharge. He served honorably for over 11 years and was a good non- commissioned officer (NCO). His drinking problems began after returning for Iraq and learning that his wife was having an affair. Upon receiving a diagnosis of PTSD, military medical providers began prescribing a myriad of psychotropic medications that were suppose to stabilize his condition; however, as he attempted to deal with the condition, adjust to the medication, and his personal issues, he started drinking which caused his on and off duty performance to decline. This behavior resulted in three DUIs, Traumatic Brain Injury (TBI) from a motorcycle accident, a positive urinalysis, and ultimately led to a UOTHC discharge. After discharge, he sought treatment from the Department of Veterans Affairs (DVA). Additionally, since the Informal Physical Evaluation Board (IPEB) determined his PTSD was combat-related, rated at 50 percent disabling, he believes his record should be corrected. In support of his appeal, the applicant provides a copy of AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 22 Sep 08 and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 23 Dec 08 discharge; extracts from his DVA and service medical records, and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Prior to the events under review, the applicant entered the Regular Air Force on 26 Mar 97. The applicant received three Article 15s, on 26 Sep 97, 1 Sep 00, and 24 Apr 02, resulting from civilian convictions of DUIs. Based on the available record, charges were preferred against the applicant for trial by special court-martial with a punishment consisting of a bad conduct discharge, which was the result of an investigation by the Air Force Office of Special Investigation (AFOSI), having been accused of violating Article 112a, Uniform Code of Military Justice (UCMJ), for wrongful use of cocaine. The applicant requested an administrative separation in lieu of trial by court-martial. The commander recommended approval of the request for administrative separation with a UOTHC characterization. The commander noted the applicant’s deployed service was noteworthy and that his service in combat was honorable. In addition, the commander noted the applicant had been diagnosed with PTSD, alcohol dependence, personality disorder, not otherwise specified (NOS), shoulder (rotator cuff) surgery, major impairment in several areas (work, legal, family relation, judgment and mood. Due to the applicant’s medical condition, the staff judge advocate (SJA), recommended dual-action processing of the case pursuant to AFI 36-3208, chapter 4. The wing commander approved the request for discharge in lieu of trial. The Air Force Special Operations Command SJA recommended the applicant be discharged in lieu of trial and directed that he be separated with a, general (under honorable conditions), or UOTHC discharge. The discharge authority directed the applicant be separated with an UOTHC discharge. During the processing of his administrative separation, the applicant was involved in a motorcycle accident while off-duty. The applicant was traveling with a passenger, who was thrown from the motorcycle; however, the applicant suffered head injuries and was medivaced to the hospital. The applicant was treated and hospitalized for five days. While on convalescent leave, he was entered in a substance abuse rehabilitation program for 30 days. All total, the applicant lost 40 days of duty time as a result of his incurred injuries. A Line of Duty (LOD) Determination concluded the accident was a result of misconduct and the misconduct was the cause of the injury and loss of duty time. A Medical Evaluation Board (MEB) considered the applicant’s case based on his diagnosis of PTSD and recommended the applicant’s case be referred to the IPEB. The IPEB recommended placement on the TDRL with a combined disability rating of 60 percent, which constituted a 50 percent rating for PTSD and 10 percent for right shoulder pain, status-post labral repair. The applicant’s TBI and resultant cognitive disorder, although potentially unfitting, was found not IN-LOD. As a result of the dual-action process, his case was referred to the Secretary of the Air Force Personnel Council (SAFPC) for a determination of the appropriate reason for discharge and character of service. SAFPC determined there were “insufficient mitigating factors to disregard the disciplinary action,” and recommended the previous administrative separation be executed. The applicant was discharged, on 23 Dec 08, under the provisions of AFI 36-3208, with a reason for separation of triable by court-martial, and a UOTHC character of service. He was credited with 11 years, 8 months, and 28 days of active service, including 1 year, 11 months, and 29 days of foreign service. On 18 Mar 10, the Air Force Discharge Review Board (AFDRB) denied the applicant’s request for an upgrade of his UOTHC discharge to general (under honorable conditions). They concluded the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and the applicant was provided full administrative due process (see AFDRB Hearing Record at Exhibit B). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOS recommends denial, stating, in part, based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant did not submit any evidence or identify any errors or injustices in the discharge processing, nor did he provide any facts warranting a change to his separation. The complete AFPC/DPSOS evaluation is at Exhibit C. The BCMR Medical Consultant recommends the Board consider the option to upgrade the applicant’s character of service to general, under honorable conditions. The Medical Consultant notes, the applicant currently carries a UOTHC discharge, after failed attempts for an upgrade of discharge by the AFDRB in 2010 and a failed effort for medical separation following a "dual-action" review by the SAFPC. The Consultant is empathetic with the stressors associated with the applicant's Partner Relations Problem, which was likely exacerbated by the announcement by his spouse's interest in seeking a divorce. Additionally, the applicant's underlying Alcohol Dependence, whether used as inappropriate "self- medication" independently resulted in legal problems due to recurrent DUIs; notwithstanding the serious head injury he sustained while intoxicated. Nevertheless, the applicant's positive cocaine urine screen appears to be a prime trigger for his administrative separation action; which at least one medical expert opined was the possible result of PTSD. With respect to the applicant's PTSD, the Medical Consultant is aware of the special attention being directed towards individuals who may have been errantly separated due to a Personality Disorder, or misconduct for that matter, who may be instead have been suffering from PTSD related to service in Iraq and/or Afghanistan. The applicant indeed carried a co-morbid diagnosis of Personality Disorder, but this was not the reason for his separation. Nevertheless, after collectively considering the stressors put upon the applicant by his failed marriage, his otherwise good performance prior to the relatively compressed period of misconduct, his three deployments, the possible underlying impact of PTSD upon his overall psyche [and as a possible motive for cocaine use], and his longstanding alcohol dependence as a coping strategy, the Consultant struggles with the determination that the applicant's medical issues did not contribute in some way to his acts of misconduct; despite the fact that a sanity board implicitly determined he was able to distinguish right from wrong at the time of committing the offenses. For these reasons, the Medical Consultant recommends the Board consider its option to upgrade the applicant's discharge to general, under honorable conditions, as a matter of clemency; as recurrent alcohol abuse (well in advance of his deployment history), illegal drug use, and repeat violation of civil laws are not considered honorable actions under any condition. The Consultant finds the applicant's case represents a set of multiple contributory factors (psychiatric, occupational, partner relations, longstanding alcohol dependence, with otherwise top military performance) that converged upon the imperative to separate him for the zero tolerance illegal drug use. The complete BCMR Medical Consultant evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 April 2011 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting a correction to the record. Based on the available evidence of record and that provided by the applicant, we believe some relief is warranted. In this respect, the BCMR Medical Consultant states the applicant’s case represents a set of multiple contributory factors (psychiatric, occupational, partner relations, longstanding alcohol dependence, with otherwise top military performance (including previous honorable service and noteworthy deployment service). We also note the BCMR Medical Consultant struggled with determining whether the applicant’s medical issues contributed to his acts of misconduct. Based on the totality of the facts and circumstances of the applicant’s case, we believe any doubt in this matter should be resolved in the applicant’s favor. Therefore, we recommend the applicant’s character of service be changed to general (under honorable conditions). Regarding the applicant’s request for placement on the TDRL; the applicant’s case has undergone an exhaustive review by the Air Force office of primary responsibility and the BCMR Medical Consultant and we are in agreement with their assessment that no basis exists to justify a medical retirement. As such, we recommend the applicant’s records be corrected only to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 23 December 2008, he was discharged with service characterized as general, under honorable conditions. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01645 in Executive Session on 11 August 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 9 Nov 10. Exhibit D. Letter, BCMR Medical Consultant, dated 31 Mar 11. Exhibit E. Letter, SAF/MRBR, dated 4 Apr 11.