RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00237

	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

	1.  Her Bad Conduct Discharge (BCD) be upgraded to an Honorable Discharge.

	2.  Reinstatement of rank to Senior Airman.

APPLICANT CONTENDS THAT:

Her discharge was unjust, and the punishment was harsh for the crime committed.  She was eight months pregnant and severely depressed when she stole the checks.  She was having mental issues and was admitted to the psychiatric unit in Germany.  She suffers from Bipolar and Schizoaffective Disorders, which started while she was in the Air Force.  She has a dual diagnosis, and has been medically treated for 32 years.  She was never in trouble except for one write-up, and there were mitigating circumstances due to her mental illness.  She believes that if she had received treatment and therapy, she would have remained an asset to the Air Force.  She is willing to pay restitution to the individual she stole the checks from.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 27 Mar 79, the applicant commenced her enlistment in the Regular Air Force.  On 17 Jul 86, the convening authority published General Court-Martial Order No. 57.  The Order stated the applicant pled guilty to one charge, one specification of larceny (Article 121, one charge and three specifications of falsely making checks (Article 123).  The applicant was sentenced to a reduction to the grade of Airman Basic, and discharge from the service with a BCD.  On 25 Jul 86, she was discharged with a BCD and was credited with 7 years, 3 months and 29 days of active service.

On 3 Sep 14, the Secretary of Defense (SECDEF) issued Supplemental Guidance to Military Boards of Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder (PTSD) or related conditions, such as Traumatic Brain Injury (TBI).  A complete copy of the Principal Deputy Under Secretary of Defense memorandum is at Exhibit C.

On 24 Oct 17, the Board sent the applicant a standard request for post-service information, including a Federal Bureau of Investigation background check (Exhibit D), but has received no response.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits E and F.

AIR FORCE EVALUATION:

The AFBCMR Mental Health Consultant recommends denial, noting there no evidence that there was a nexus between the applicant’s mental health condition and her misconduct.  There applicant’s complete mental health record was not available for review.  However, the available treatment notes reflect she was seen and treated for a variety of medical issues, to include anxiety, sleep issues, substance use, gambling issues, and family and financial stress while in the Air Force.  While these symptoms may be possible symptoms of Bipolar Disorder, there was no available documentation to support that she had a diagnosis of a mood disorder (bipolar) or psychotic disorder (schizoaffective) during her military service.  Furthermore, these symptoms and events occurred in 1982, and her misconduct occurred in 1986.  There is no evidence of any mental health complaints during the three and a half years from her last treatment record in 1982 and the start of her misconduct 1986.  While the applicant reported feeling severely depressed at the time of her misconduct, there are no records available showing that she was depressed at that time.  Her treatment notes reported the stress of her court-martial caused her to feel depressed and anxious.  The applicant’s separation physical examination, dated 1 May 86, reflects she denied having any mental health issues, to include feeling depressed or anxious, and does not have any mental health conditions that were considered unfitting for career termination.  Although the applicant stated she was diagnosed and treated for Bipolar and Schizoaffective Disorder for 32 years, she has not provided any evidence to confirm her diagnoses and treatment.  Based on review of applicant’s overall available records, there is insufficient evidence to support that her mental health symptoms/disorders (Bipolar and Schizoaffective) were mitigating factors to her misconduct.  The complete advisory is at Exhibit E.

AFLOA/JAJM recommends denying the application.  There was no evidence provided showing an error occurred with the applicant’s court-martial.  The sentence adjudged and approved by the convening authority was within the permissible range for the offenses that applicant was convicted.  JAJM concurs with the AFBCMR Mental Health Consultant that there was no evidence found that showed a there was a nexus between applicant’s mental health conditions and misconduct leading to her discharge.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copies of the Air Force evaluations to the applicant on 19 Sep 18 for comment (Exhibit G), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was 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 error and injustice.  The Board concurs with the rationale and recommendation of AFLOA/JAJM and the AFBCMR Mental Health Consultant and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown that a personal appearance with or without counsel would materially add to the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2017-00237 in Executive Session on 25 Oct 18:
, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atch, dated 9 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, Principal Deputy Under Secretary of Defense Advisory opinion,
	 w/atch, dated, 24 Feb 16.
Exhibit D:	Letter, SAF/MRBC, dated 24 Oct 17.
Exhibit E:	Advisory, AFBCMR Mental Health Consultant, dated 24 Jul 18.
Exhibit F:	Advisory, AFLOA/JAJM, dated 17 Sep 18.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Sep 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.