RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-01192

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

1)	His military records reflect his mental health diagnosis; 

2)	He be provided a copy of his medical records; and, 

3)	(Inferred) he receive a discharge upgrade in order to obtain proper medical treatment.

APPLICANT CONTENDS THAT:

His medical records should reflect his bipolar disorder which was diagnosed prior to receiving his bad conduct offense.  He did not receive proper treatment and began using illegal drugs as a coping mechanism.  His mother was murdered before he entered the Air Force and was actively attending professional counseling.  He has been unable to obtain his active duty medical records and is now unable to get needed treatment.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 28 Jun 01, the applicant answered “No” on Part 2, Item 21, Standard Form 86, Questionnaire for National Security Position, that states, “In the last 7 years, have you consulted with a mental health professional (psychiatrist, psychologist, counselor, etc.) or have you consulted with another health care provided about a mental health related condition?” 

On the same form, Item 24, the applicant answered “yes” to having used marijuana four times since the age of 16.  

The applicant entered the Air Force on 11 Dec 01.  

On 15 Nov 05, according to General Court-Martial Order No. 13, the applicant pled guilty and was found guilty of one charge, five specifications under Article 112a (wrongful use, possession, etc., of controlled substances), and was sentenced to a Bad Conduct discharge, confinement for 6 months, and reduction to the grade of airman basic.   

On 14 Aug 07, the applicant was discharged as an airman basic with a Bad Conduct character of service.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C & D.

AIR FORCE EVALUATION:

AFLOA/JAJM offers no opinion on the applicant’s requested relief but reviewed the Court Martial Order and Convening Authority Action and find no basis to set aside the punishment imposed.  To the extent applicant suggests his criminal conduct was the result of his mental health diagnosis, applicant presents no evidence he was not legally responsible for his conduct.  Also, applicant had the opportunity to present evidence pertaining to his mental health diagnosis at his trial.  Applicant’s conviction was affirmed on appeal by the Air Force Court of Criminal Appeals, providing applicant with a full and fair review of his case.  The complete advisory is at Exhibit C.

The AFBCMR Psychiatric Advisor finds insufficient evidence to support the applicant’s contention that he was suffering from a mental health disorder at the time that he was using drugs.  The information available is inadequate to determine whether this applicant used impulsively, had a chronic drug problem, or did deteriorate due to a mental health disorder.  He was given medication in prison which is used for individuals suffering from Bipolar Disorder, but it can also be used to stabilize the brain of someone who has been experimenting with drugs, and presenting with symptoms of a mood disorder.  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 11 Sep 18 for comment (Exhibit E), and the applicant’s aunt, on behalf of the applicant, replied on 29 Oct 18.  In her response, the applicant’s aunt contends the applicant entered the Air Force to serve his country despite his mental health issues after being exposed to a traumatic event.  What he received in the Air Force was a cover up of his bipolar disorder with medication that later led to recreational drug use.  The applicant’s complete response is at Exhibit F.

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 error or injustice.  The Board concurs with the rationale and recommendation of both AFLOA/JAJM and the AFBCMR Psychiatric Advisor and finds that a preponderance of the evidence does not substantiate the applicant’s contentions that there was a nexus between his alleged mental health diagnosis and his misconduct.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

4.  With regard to the applicant’s request for his military service treatment records, the Board reminds the applicant that the AFBCMR is not the records repository; however, the applicant has the ability to request online his personnel and treatment records from the National Personnel Records Center.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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 2017-01192 in Executive Session on 1 Nov 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/atchs, dated 03 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 13 Feb 18.
Exhibit D:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 21 May 18.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 11 Sep 18.
Exhibit F:	Applicant’s response, w/atchs, scanned 29 Oct 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings of Docket Number BC-2017-01192 required by AFI 36-2603, paragraph 4.11.9.