RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-01344

XXXXXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His Bad Conduct discharge (BCD) be upgraded to a discharge Under Honorable Conditions (General).

APPLICANT CONTENDS THAT:

His use of drugs was due to his undiagnosed mental health symptoms that he was coping with at the time caused by traumatic events experienced from deployment.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic who served from 4 May 88 until 13 Oct 99.  On 15 Sep 98, a general court-martial sentenced the applicant to a BCD, confinement for three months, and reduction to the grade of airman basic, for wrongful use of cocaine.  The applicant’s sentence was affirmed on 13 Oct 99, and the BCD was executed.

The Board sent the applicant a standard request for post-service information on 10 Oct 17 (Exhibit C), but has received no response.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit’s E and F.

AIR FORCE EVALUATION:

AFLOA/JAJM finds no legal basis to set aside applicant’s general court-martial sentence.  The complete advisory is at Exhibit E.

The BCMR Psychological Advisor “opines that applicant’s mental health condition caused by his deployment experience was more likely than not a mitigating factor to his misconduct leading to his discharge….”  However, the Psychological Advisor also notes, “there may be some embellishment of applicant’s account and he submitted no corroborating statements from others regarding his experience.”  Finally, the Psychological Advisor “concedes that it is difficult to discern whether there was a clear nexus between his mental health condition and his misconduct of cocaine use due to the limited available and sometimes questionable information in his records that was complicated by a large time span of 17 years between his service discharge and diagnosis.”  The complete advisory is at Exhibit F.

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 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 or injustice.  The Board finds no evidence that indicates the sentence of the military court was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice.  The Board also considered the applicant’s overall quality of service, the seriousness of the offenses of which the applicant was convicted, and all available post-service information.  However, the Board finds no basis for clemency in the case.  The Board also considered the application according to Department of Defense guidance on discharge upgrade requests from veterans claiming PTSD.  The Board particularly notes the Psychological Advisor’s opinion cited above, but finds there is insufficient evidence in mitigation to warrant upgrading the applicant’s service characterization.  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-2017-01344 in Executive Session on 1 Nov 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Bulletin, mailed to applicant 10 Oct 17.
Exhibit D:	Hagel Memo, mailed to applicant 28 Jun 18.
Exhibit E:	Advisory opinion, AFLOA/JAJM, dated 10 Jul 18.
Exhibit F:	Advisory opinion, AFBCMR Psychological, dated 16 Aug 18.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 11 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.