RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01978

 	COUNSEL: NONE 
	 
  	HEARING: YES 

APPLICANT REQUESTS:

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

APPLICANT CONTENDS:

She suffered from undiagnosed post-traumatic stress disorder (PTSD) from military sexual trauma (MST).   The Department of Veterans Affairs had assigned her a 70 percent disability rating.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 20 Jun 90. 

According to the documentation associated with a prior application to the AFBCMR by the applicant:

	1.  On 3 Nov 99, the applicant’s commander notified her she was recommending the applicant for discharge for Minor Disciplinary Infractions.  The reasons for taking this action were:

		a.  On 20 Oct 93, she failed to complete her correctional custody (CC) program. For this, she received a letter of reprimand (LOR), dated 25 Oct 93. 

		b.  On or about 11 Sep 93 and 16 Sep 93, she failed to go to her appointed place of duty.  For this, she received an Article 15, dated 1 Oct 93.

		c.  On or about 27 Apr 93 through 30 Apr 93, she failed to show at her duty located on two occasions.  For this, she received an LOR dated 4 May 93.  

		d.  On 25 Oct 92, she was involved in an altercation.  For this, she received an LOR, dated 5 Nov 92. 

		e.  On 28 Sep 92, she failed to go at the time prescribed to her appointed place of duty.  For this, she received a Letter of Counseling (LOC), dated 2 Oct 92. 

		f.  On 20 Sep 92, she failed to go at the time prescribed to her appointed place of duty.  For this, she received an LOC, dated 22 Sep 92. 

		g.  On 21 Jun 92, she left her place of duty without proper authorization for approximately four hours.  For this, she received an LOC, dated 24 Jun 92.

		h.  On 22 Oct 91, she failed to go at the time prescribed to her appointed place of duty.  For this, she received an LOC, dated 5 Nov 91. 

		i.  On 8 Oct 91, she failed to go at the time prescribed to her appointed place of duty.  For this, she received an LOC, dated 9 Oct 91. 

		j.  On 19 Aug 91, she failed to go at the time prescribed to her appointed place of duty.  For this, she received an LOC dated 23 Aug 91.  

	2.  AFPC confirmed the applicant was provided legal counsel; she submitted statements in her own behalf; the discharge was in compliance with directives in effect at the time; the case was reviewed and determined to be legally sufficient; and, the appropriate discharge authority directed a general discharge without probation or rehabilitation. 

On 11 Nov 93, the applicant was furnished a general (under honorable conditions) discharge, with a narrative reason for discharge of “Misconduct,” after serving 3 years, 4 months, and 22 days of active service  

On 12 Feb 18, the AFBCMR send the applicant a request for an FBI Report, along with a Clemency Information Bulletin.  (Exhibit C) 

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

APPLICANT’S RESPONSE TO THE CLEMENCY BULLETIN:

In her response to the Clemency Information Bulletin, the applicant submitted an FBI Report which indicates no record of prior arrests, along with a letter of support from a DVA legal administrative specialist.  The applicant’s complete rebuttal is at Exhibit D.

AIR FORCE EVALUATION:

The AFBCMR Psychological Advisor recommends denying the application.  The applicant has not filed a timely petition as it has been almost 25 years since the applicant was discharged from the Air Force.  The applicant filed a previous petition with the AFBCMR in 1994 requesting her general discharge be rescinded, she receive probation and rehabilitation, return to active duty with back pay and entitlements, the Letter of Reprimand (LOR) she received for failing correctional custody (CC) be removed from her records, and her complaint concerning sexual harassment be investigated.  A memorandum dated on 22 Jun 94 by the JA (page 14 of Exhibit B) addressed the applicant’s allegations reporting she made no sexual harassment claim while in service and found, “There was no sexual harassment in the case” and “There is very little, if any, evidence that would support an affirmative finding of sexual harassment”.  The Staff Judge Advocate also concluded, “All of this documented misconduct took place prior to the alleged harassment, and the undisputed evidence of that misconduct would support applicant’s involuntary discharge even without the CC incident.”   The Board denied all of applicant’s requests due to no existence of material error or injustice.  

Based on a thorough review of applicant’s military and mental health records while in service, this psychological advisor concurs with the 1994 JA opinion.  Prior to her alleged sexual harassment, the applicant engaged in, and was cited for, numerous misconduct that spanned over two years mostly for failure to prescribe to her appointed place of duty that became so significant it led to placement in CC.  There was no explanation or evidence of any mental health issues that mitigated these misconduct prior to the sexual harassment incident.

Her DVA psychiatry treatment notes, dated 25 Sep 17, reported “She is reluctant to talk about the actual trauma but reports hx (history) of sexual assault in the military and sexual harassment at work.”  This was the first and only report of sexual assault in the military and therefore, it is difficult to determine its veracity or causal relationship to her service discharge.  This psychological advisor opines there is an insufficient evidence of any mental health issues that caused her misconduct leading to her discharge from service.  Hover, the Board may consider applying the Liberal Consideration guidance for discharge upgrade cases.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Sep 18 for comment (Exhibit F), but has received no additional response.

THE BOARD CONCLUDES:

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 the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of the AFBCMR Psychological Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, did not find sufficient evidence to compel them to recommend granting the relief sought on that basis.  The Board notes the applicant provided limited information pertaining to her activities since leaving the service.  Should the applicant provide statements from community leaders and acquaintances attesting to the applicant’s good character and reputation and other evidence of successful post-service accomplishments, the Board would be willing to reconsider her appeal.  In the absence of such evidence, favorable action on her request is not warranted.  Therefore, based on the available evidence, the Board finds no basis upon which to favorably consider this application.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS:

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-2017-01978 in Executive Session on 10 Oct 18:

Panel Chair
Member
Member

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

Exhibit A:	 Application, DD Form 149, w/atchs, dated 12 Apr 17.
Exhibit B:	 Military Human Resources Records (Excerpt). 
Exhibit C:  Letter, AFBCMR Request for Clemency Information, dated 12 Feb 18.
Exhibit D:  Letter, Applicant Rebuttal w/FBI Report, dated 24 Apr 18.  
Exhibit E:	Advisory opinion, AFBCMR Psychological Advisor, dated 27 Aug 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 12 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.