RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01651 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect that she was placed on the Temporary Disability Retired List (TDRL) in lieu of being discharge for misconduct. ________________________________________________________________ APPLICANT CONTENDS THAT: Her worsening mental health condition was not considered at the time of her “dual-action” process. Her medical conditions contributed to her poor judgment and the resulting consequences surrounding her discharge. In support of her request, the applicant provides a personal statement, copies of medical records, her Medical Evaluation Board Narrative Summary, a Department of Veterans Affairs Benefits Estimate, and the SAF/MRBP dual-action memorandum. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 3 Jun 08, the applicant enlisted in the Regular Air Force, and she served as a security forces journeyman. On 21 Sep 11, a Medical Evaluation Board (MEB) convened and referred her case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of Major Depressive Disorder, Recurrent, Mild with Anxiety Disorder and Pituitary Gland Microadenoma, Benign. On 30 Nov 11, while her MEB was processing she was notified by her squadron commander that he was recommending her discharge from the Air Force for misconduct-drug abuse. The specific reasons for the proposed action were: 1) On 10 Sep 11, she was convicted at a summary court-martial for using marijuana between on or about (o/a) 12 Jun 11 and 12 Jul 11, and was sentenced to 15 days confinement and restriction to base for 30 days; 2) On 9 Nov 11, she received a Letter of Reprimand (LOR) for possessing DZ-L (herbal intoxicant/Spice) between o/a 13 Aug 11 and 13 Sep 11; and 3) On 29 Mar 11, she received an Article 15 for possessing, using, and distributing the prescription drug Cyclobenzaprine on divers occasions between o/a 1 Aug 10 and 21 Feb 11, and using DZ-L on divers occasions between o/a 1 May 10 and 21 Feb 11. Her punishment consisted of a reduction to the grade of airman basic, a suspended forfeiture of $733.00 pay per month for two months, 30 days extra duty, and a reprimand. She acknowledged receipt of the notification of discharge, and waived her rights to consult with legal counsel and to submit statements in her own behalf. On 8 Dec 11, the base legal office found the case legally sufficient to support the separation, and on 9 Dec 11, the discharge authority directed a general (under honorable conditions) discharge without probation and rehabilitation. On 12 Dec 11, the IPEB found her unfit for further military service and recommended placement on the TDRL with a disability rating of 50 percent. The applicant concurred with the findings of the IPEB. On 15 May 12, the Secretary of the Air Force Personnel Council (SAFPC) considered the applicant’s case as a dual-action case and determined the applicant should be discharged by execution of the approved discharge action for misconduct. On 11 Jun 12, the applicant was discharged by reason of Misconduct (Minor Infractions) and received a general (under honorable conditions) discharge. She served on active duty for a period of 3 years, 11 months, and 27 days. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. DPSOR states that 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 that occurred in the discharge processing. SAFPC reviewed the applicant’s discharge action under AFI 36- 3208, Administrative Separation of Airmen, paragraph 5.54 for Drug Abuse, as well as her Disability Evaluation System (DES) case under AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, for a Disability Disorder – Major Depressive Disorder with Anxiety Disorder. After reviewing the available facts and evidence, SAFPC determined there was no causal relationship between the applicant’s medical condition and her misconduct, and that there were insufficient mitigating factors to disregard the disciplinary action. SAFPC determined the execution of the previously approved AFI 36-3208 action was appropriate. The complete DPSOR evaluation is at Exhibit C. AFPC/DPFD recommends denial. DPFD states the preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of separation. DPFD states they were notified that the applicant was being processed for administrative discharge in accordance with AFI 36-3208. When a case is being processed with a final recommendation of unfit, and an administrative action is pending, the case is processed as a dual-action case and forwarded to SAFPC for finalization. On 15 May 12, SAFPC terminated the action under the provisions of AFI 36-3212 and directed the applicant be discharged for misconduct. This stopped the disability process and the applicant was administratively discharged effective 11 Jun 12. The complete DPFD evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 28 Jun 13, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit E). As of this date, this office has received no response. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. The applicant’s contentions are duly noted; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The applicant’s case was properly processed through the Secretary of the Air Force Personnel Council as a dual action case where a determination was made that she be discharged for misconduct, rather than placing her on the TDRL. Therefore, it is our opinion that the applicant has failed to sustain her burden of proof that she has 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 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-2013-01651 in Executive Session on 27 Jan 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Mar 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 16 May 13. Exhibit D. Letter, AFPC/DPFD, dated 5 Jun 13. Exhibit E. Letter, SAF/MRBR, dated 28 Jun 13. 1 2