RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01525 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His other than honorable conditions (general) discharge be upgraded to honorable. 2. He be granted a medical retirement. _________________________________________________________________ APPLICANT CONTENDS THAT: The applicant believes he should have been medically retired with a 100 percent compensable rating for Post-Traumatic Stress Disorder (PTSD). The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 6 Dec 95, the applicant enlisted in the Regular Air Force. On 22 Sep 97, he was notified by his commander that he was recommending his discharge for Minor Disciplinary Infractions. Between 4 Jun 96 and 30 Jul 97, the applicant received five (5) letters of counseling; four (4) letters of reprimand and an Article 15 for committing multiple infractions. On 30 Sep 97, the applicant was separated for misconduct with a general (under honorable conditions) discharge after serving 1 year, 9 months and 25 days of active duty service. On 28 Oct 98, the Air Force Discharge Review Board (AFDRB) denied the applicant’s request to upgrade his discharge to honorable. The AFDRB concluded the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority and that the applicant was provided full administrative due process. In addition, the AFDRB found no legal or equitable basis for upgrade of the applicant’s discharge. The applicant provided a Rating Decision, dated 29 Jul 10, from the Department of Veterans Affairs (DVA) which indicates he currently receives a 70 percent compensable disability rating for a major depressive disorder with psychotic features. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Advisor recommends denial. The Medical Advisor notes a Commander-Directed Mental Health Evaluation, contained in the applicant’s records, was ordered on 10 Mar 97, to determine his mental stability and fitness for duty. A mental health provider diagnosed the applicant with Axis I, Dysthymic Disorder, described as a chronic depressive disorder with symptoms existing prior to service. He also indicated the depression did not significantly impact the member’s ability to perform his duties. His Axis II diagnosis was listed as Personality Disorder; however, he remained world-wide qualified. The mental health provider noted “Inappropriate behaviors should be addressed through administrative/legal rather than medical channels.” Through the applicant’s period of service, he was not prescribed medication and no duty limiting profiles were noted. He was recommended for administrative separation under the provisions of Air Force Instruction 36-3208, Administrative Separation of Airmen. The Medical Advisor states that without sufficient documentation of a medical condition or disqualifying mental health condition, the action taken to administratively discharge the applicant was appropriate. The applicant clearly demonstrated a pattern of behavior which justified an administrative separation which was not due to any medical treatment or mental health diagnosis. The Disability Evaluation System (DES), established to maintain a fit and vital fighting force, can by law under Title 10, United States Code (USC) only offer compensation for those service incurred diseases or injuries which specifically rendered a member unfit for continued active service and were the cause for career termination; and then only for the degree of impairment present at the time of separation and not based on future occurrences. The complete BCMR Medical Advisor’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Dec 12, for review and comment within 30 days. As of this date, this office has received no response (Exhibit D). _________________________________________________________________ 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 find no evidence of an error or injustice that occurred in the discharge processing to warrant an upgrade to honorable. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Regarding his request for a medical retirement, after a thorough review of the evidence of record and careful consideration of the applicant's contentions, we are not persuaded that he was unfit at the time of his 1997 separation. Therefore, we agree with the opinion and recommendation of the BCMR Medical Advisor and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 this application in Executive Session on 20 Feb 13, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-01525: Exhibit A. DD Form 149, dated 19 Apr 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Advisor, dated 14 Dec 12. Exhibit D. Letter, SAF/MRBR, dated 17 Dec 12. Panel Chair