RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01909 L COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to an honorable discharge. APPLICANT CONTENDS THAT: His punishment from his court-martial conviction for drinking related incidents was in error and excessive. He was diagnosed with addictive personality disorder and should have been treated for alcoholism instead of being court-martialed. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 1 Nov 83, the applicant commenced his enlistment in the Regular Air Force. On 17 Oct 86, the applicant was tried and found guilty by special court-martial for forgery, wrongful appropriation of $200.80, and failure to go all in violation of various articles of the Uniform Code of Military Justice (UCMJ). The Air Force Court of Military Review set aside the finding of guilty for the forgery but upheld the finding of guilty of the failure to go and authorized a rehearing on sentencing. Prior to the rehearing on sentencing, the applicant was charged with an additional specification of indecent assault and communicating indecent language in violation of Article 134 of the UCMJ. He was found guilty of the additional charge and specifications. He was sentenced to a BCD, confinement for six months, and forfeiture of $438.00 per month for six months. The Air Force Court of Military Review affirmed the findings and approved the sentence, except the forfeiture was reduced to $138.00 per month due to failure to provide the applicant appropriate administrative credit for his confinement following his first trial. On 18 May 88, the special court-martial convening authority ordered the applicant’s BCD executed. On 10 Jun 88, the applicant was furnished a BCD, and was credited with 4 years, 1 month, and 18 days of active service. On 16 Dec 04, the applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his BCD upgraded to a general discharge. On 31 Jan 05, the AFDRB informed the applicant his request was beyond the purview of the AFDRB because the discharge exceeded the AFDRB’s time limit. On 1 Oct 14, a request for post-service information and a Federal Bureau of Investigation background check was forwarded to the applicant (Exhibit D). As of this date, no response has been received by this office. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice. In accordance with 10 United States Code §1552(f)(2), the Board may take action on the sentence of a court-martial for purposes of clemency. After reviewing the applicant’s submission and personnel record, JAJM finds no error or injustice with the court-martial proceedings which would warrant upgrading the applicant’s discharge. The applicant’s medical records reveal he had problems with alcoholism, including an unfavorable information file (UIF) for civilian arrests for alcohol-related incidents. His records further revealed he did receive some treatment for alcohol abuse, that a commander had recommended treatment, and that he declined treatment and left a program. Furthermore, there is no apparent connection between the applicant’s misconduct and his alcohol problems, although he did admit to drinking in the evening subsequent to the offenses for indecent assault and communicating indecent language; however, there is no evidence he was intoxicated at the time of the offenses or that the offenses were alcohol-related. A complete copy of the AFLOA/JAJM 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 4 Oct 14 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: AFBCMR Medical Consultant defers to the Board for consideration for an upgrade of the applicant’s discharge based on clemency. A review of the applicant’s service treatment record indicates he was evaluated and treated for a variety of medical issues to include, his alcohol usage, from 1984 through 1986. The medical records further show the applicant received counseling and treatment for his abusive use of alcohol. The records also revealed while the applicant abused alcohol his performance reports showed he had excellent duty performance. The advisory review and recommendation offered by AFLOA/JAJM noted the applicant’s medical records identified his problems with alcoholism, including an UIF for civilian arrests for alcohol-related incidents. The reviewer further noted the record also reflects that prior to the misconduct that resulted in the court-martial, the applicant did receive some treatment for alcohol abuse, that a commander had recommended treatment, and that the applicant had both declined treatment and left a program. The reviewer found no relationship between the applicant’s misconduct that resulted in the initial court- martial charges. A Bad Conduct service characterization is generally reserved for the most egregious of crimes or violations of Air Force, local, state, or federal policies and laws. It appears that an accumulation of offenses, among the serious of which was forgery of another individual’s signature to fraudulently qualify for a loan, coupled with an “indecent assault” and communication of “indecent language,” albeit possibly influenced by alcohol, are what led to the court-martial and the decision for the BCD. The Medical Consultant opines an Under Other Than Honorable Conditions discharge may have also appropriately characterized the applicant’s offenses and service; but would likely result in a similar impediment to social and occupational opportunities as a BCD. Nevertheless, the Medical Consultant is sensitive to the fact that alcohol habituation or addiction is characterized as a disease entity, but it does not excuse misconduct or violation of laws while under the influence of the substance; particularly when the applicant was offered and declined further participation in rehabilitation. Moreover, while discharges for an Unsuiting Personality Disorder are generally issued an Honorable service characterization, noting the applicant’s reference to an alleged Addictive Personality Disorder, when it involves misconduct, the characterization of service may change drastically. The Medical Consultant believes the Board should consider the totality of the applicant’s military record, his performance history, the span of time since discharge, and any post-service activities [which have not been supplied] in considering an upgrade of discharge characterization, e.g., General under Honorable conditions. The Medical Consultant opines, other than the applicant’s implicit reference to age, maturity, and remorse for his offenses, insufficient evidence is presented to prove error or injustice that warrants the desired change of the record. Furthermore, an opinion from a psychologist or psychiatrist would be prudent. A complete copy of the AFBCMR Medical Consultant’s evaluation is at Exhibit F. The AFBCMR Mental Health Consultant conducted a complete review of the applicant's submission, evidence of record, to include the available military personnel and medical records, and concurs with the advisory opinion rendered by the AFBCMR Medical Consultant that the applicant has not provided sufficient evidence to conclude that an error or injustice has been committed sufficient to warrant redress and concurs with the Medical Consultant’s recommendations. A complete copy of the AFBCMR Mental Health Consultant’s evaluation is at Exhibit G. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATIONS: A copy of Exhibits F and G were forwarded to the applicant on 18 Sep 15, for review and comment within 30 days (Exhibit H). As of this date, no response has been received by this office. 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 an error or injustice. The applicant alleges his discharge was harsh and he should have received treatment for his alcohol problems. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and the Medical and Mental Health consultants and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. The evidence of record reflects his commander recommended him for treatment, he received some treatment for alcohol abuse and left a treatment program. We considered upgrading the discharge based on clemency; however, we do not find it would be in the interest of justice to do so at this time. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 AFBCMR Docket Number BC-2014-01909 in Executive Session on 20 Oct 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01909 was considered: Exhibit A. DD Forms 149, dated 7 Feb 14 and 22 May 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFLOA/JAJM, dated 10 Sep 14. Exhibit D. Letter, SAF/MRBR, dated 1 Oct 14, w/atch. Exhibit E. Letter, SAF/MRBR, dated DD 4 Oct 14. Exhibit F. Memorandum, AFBCMR Medical Consultant, dated 1 Sep 15. Exhibit G. Memorandum, AFBCMR Mental Health Consultant, dated 7 Sep 15. Exhibit H. Letter, SAF/MRBR, dated 18 Sep 15.