ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-04402-2

	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

The Board reconsider his request to change his Reentry (RE) code.

RESUME OF THE CASE

The applicant is a former Air Force Reserve senior airman.

On 14 Jul 15, the Board considered and denied his request for a change of his RE code and narrative reason for separation, finding that the applicant had provided insufficient evidence of an error or injustice to justify relief.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings, with Exhibits A-F, at Exhibit G.

On 24 Feb 19, the applicant requested reconsideration of his request for an RE code that would allow him to reenter military service.  He again contends he does not have an RE code on his DD Form 214 that reflects he could reenlist for military service.  He also contends that he has been dealing with mental health treatment since 2006.  He received the RE code 4C for his Air Force service in 1999.  His 2005, DD Form 214 does not reflect an RE code.  His discharge order from the Air Force Reserve in 2009 does not reflect an RE code.  He cannot reenlist until he receives a final code that will allow him to reenlist.

In support of his reconsideration, the applicant provided a copy of his FBI Investigative Report and, enlistment and discharge order. 

The applicant’s complete submission is at Exhibit H.

On 11 Jun 19, the Board sent the applicant a request for post-service information, including a standard criminal history report from the Federal Bureau of Investigation (FBI), which the applicant provided on 9 Jul 19 (Exhibit K).  According to the report, the applicant was arrested on 15 Apr 06 for theft, receiving stolen property criminal mischief.  He was also arrested on 8 Nov 07 for fleeing to elude police officer, institutional vandalism, aggravated assault and resisting arrest.

APPLICABLE AUTHORITY

On 3 September 2014, the Secretary of Defense issued a memorandum providing guidance to the Military Department Boards for Correction of Military/Naval Records as they carefully consider each petition regarding discharge upgrade requests by veterans claiming PTSD.  In addition, time limits to reconsider decisions will be liberally waived for applications covered under this guidance.  

On 25 August 2017, the Under Secretary of Defense for Personnel and Readiness (USD P&R) issued clarifying guidance to Discharge Review Boards and Boards for Correction of Military/Naval Records considering requests by veterans for modification of their discharges due in whole or in part to mental health conditions [PTSD, Traumatic Brain Injury (TBI), sexual assault, or sexual harassment].  Liberal consideration will be given to veterans petitioning for discharge relief when the application for relief is based in whole or in part on the aforementioned conditions.

Currently, service members diagnosed with mental health conditions receive heightened screening to ensure the casual relationship of possible symptoms and discharge basis is fully considered, and characterization of service is appropriate.  Veterans discharged under prior procedures, or before verifiable diagnosis, may not have suffered an error because the separation authority was unaware of their condition or experience at the time of discharge.  However, when compared to similarly situated individuals under current standards, they may be the victim of injustice because commanders fully informed of such conditions and casual relationships today may opt for a less prejudicial discharge to ensure the veteran retains certain benefits, such as medical care.

Liberal consideration does not mandate an upgrade.  Relief may be appropriate, however, for minor misconduct commonly associated with the aforementioned mental health conditions and some significant misconduct sufficiently justified or outweighed by the facts and circumstances.

On 25 July 2018, the USD P&R issued further guidance with the intent to set clear standards.  Copies of the Board guidance memoranda are at Exhibit I.

APPLICANT’S REVIEW OF APPLICABLE AUTHORITY

The Board sent a copies of OSD guidance to the applicant on 11 Jun 19 for comment (Exhibit J), but has received no response.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board finds a preponderance of the evidence does not substantiate the applicant’s contentions.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we do not find the evidence presented sufficient to override the previous decision of the Board.  Finally, the Board is satisfied that the application of liberal consideration does not warrant any relief.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2014-04402-2 in Executive Session on 15 Apr 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit G:	Record of Proceedings, w/ Exhibits A-E, dated 31 Jul 15.
Exhibit H:	Application, DD Form 149, w/atchs, dated 24 Feb 19.
Exhibit I:	OSD Clarifying Guidance, various dates.
Exhibit J:	Letter, SAF/MRBC, dated 11 Jun 19.
Exhibit K:	FBI Investigative Report, dated 7 Jul 19

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.