RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-02910

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He was discharged due to medical and psychological reasons.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman.

On 7 Nov 75, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provision of AFM 39-12, chapter 2, section A, paragraph 2-4h (Unsuitability).  The applicant was evaluated as having a character and behavior disorder.  Specifically, he was diagnosed as having a schizoid personality, chronic, severe, which falls in the category of disorders described in AFM 39-12 and is disqualifying under AFM 35-98 and AFM 35-99, and cannot be adequately treated in a military setting.  His character and behavior disorder manifested itself by his acts of sexual perversion including indecent acts with minor children.

On 24 Nov 75, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 28 Nov 75.

On 3 Dec 75, the applicant received a general (under honorable conditions) discharge.  He served 1 year, 3 months and 28 days of active service.

On 19 Sep 16, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response (Exhibit C), but has received no response. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION:

The AFBCMR Psychiatric Advisor recommends denying the application.  The Liberal Consideration policy developed by the Department of Defense in 2014 was considered as a possible recommendation for an upgrade to an honorable discharge due to his reported Military Sexual Trauma (MST); however, the consultant concurs with the rationale and decision for a general discharge.  An honorable discharge must be based upon a favorable military record.  During his short time in the Air Force, he was under investigation for almost four months, spent 93 days hospitalized in a psychiatric unit for evaluation associated with the sexual misconduct allegations, and the remainder of his time he demonstrated poor work performance.  Although he was found judicially innocent of any sexual crime, some of the allegations were administratively substantiated and the applicant did admit to engaging in sexual misconduct with minor children while in service in his own sworn statement and to his mental health providers on both evaluations in the Air Force.  His behavior and conduct did not reflect a good service record that is required for an honorable discharge.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 4 May 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2016-02910 in Executive Session on 13 Jun 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, atch, dated 18 Jul 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:  Letter, AFBCMR to Applicant, dated 19 Sep 16.
Exhibit D:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 20 Apr 18.
Exhibit E: Notification of Advisory, SAF/MRBC to applicant, dated 4 May 18

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