RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01462

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect:

a.	An Honorable discharge.

b.	Remove all conditions and attached codes at the bottom of his DD Form 214.

APPLICANT’S CONTENTIONS

His discharge was due to a physical and mental illness.  He “was misdiagnosed as to the reasons for his pain, specifically headaches.” The misdiagnosis led to incorrect medical treatment, increasingly unbearable pain, which resulted in his violations of the rules and discharge.  Had he been diagnosed and medically treated correctly, he would not have violated any rules.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an under honorable conditions (general) discharged Air Force senior airman (E-4), dismissed for Misconduct-Pattern Discreditable Involvement with Military or Civil Authorities.  

On 27 Jun 83, the applicant’s commander recommended he be separated Under Other Than Honorable Conditions.  The specific reasons for the proposed discharge were:

a.	On or about  4 Apr 83, he received a Letter of Reprimand (LOR) for maintaining a .357 Magnum Smith &Wesson Revolver and of 48 rounds of .357 caliber ammunition in his dormitory room. 

b.	On or about 15 Apr 83, he received a Letter of Reprimand, for driving a vehicle on Howard AFB, Panama, in a reckless manner, attempting to elude authorities, and operate said vehicle without a driver’s license.  Also, he received an Unfavorable Information File (UIF) on 17 Apr 83.

c.	On or about 21 Apr 83, his On-Base Driving Privileges were suspended.

d.	 On 8 Jun 83, he was placed on the Control Roster for operating his POV while on a driving suspension on the base.  

e.	On or about 19 Jun 83, he was apprehended by Security Police for assault/resisting apprehension/possession and/or use of marijuana, paraphernalia, and/or dangerous drugs on base. 

f.	On or about 22 Jun 83, he received an Article 15 for violation of Articles 134, 128 and 92 of the Uniform Code of Military Justice (UCMJ).  No appeal.  Punishment consisted of reduction to sergeant and vacated NCO status.  

The commander did not recommend the applicant for probation and rehabilitation.   

On 11 Jul 83, the discharge authority directed the applicant be furnished a General discharge, under the provisions of AFR 39-10, Chapter 5, Section H, paragraphs 5-47a (discreditable involvement with military or civil authorities) and 5-47b (conduct prejudicial to good order and discipline).  He further directed the applicant be denied the opportunity to participate in a program of probation and rehabilitation.  

On 27 Jul 83, the applicant received an Under Honorable Conditions (general) discharge, having served 6 years and 22 days of active service.  

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

POST-SERVICE INFORMATION

On 6 Jun 19, the Board sent the applicant a request for post-service information, including a standard criminal history report from the Federal Bureau of Investigation (FBI); however, he has not replied. (Exhibit C).  

APPLICABLE AUTHORITY

Kurta Memo, dated 25 Aug 17: Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of the Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment.  Liberal consideration will be given to veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD: TBI: sexual assault; or sexual harassment. (Exhibit B) 

AIR FORCE EVALUATION

AFBCMR Medical Advisor with concurrence of the Mental Health Advisor, recommends denying the application based on the lack of evidence of diagnostic or treatment error for the applicant’s pain.  However, given the applicant’s post-service diagnosis of Schizophrenia, his case warrants “liberal consideration” of upgrade of discharge characterization and possible reason for discharge to Secretarial Authority.  After reviewing the applicant’s medical records, the Medical Advisor found no evidence that “pain,” diagnosed or misdiagnosed, caused the applicant’s conscience acts of speeding and eluding police officers in pursuit, assault on a Security Police officer, the possession of weapons and ammunition, or the possession of marijuana paraphernalia.  However, the post-service mental health diagnosis of Schizophrenia, suggests some possible mitigation of his behavior that meets the requirements under the Kurta memorandum for “liberal consideration” of an upgrade of discharge characterization.  Since Schizophrenia is known for its onset in late teens and early adulthood, the Medical Advisor could not rule out the possible influence of such an emerging disorder upon the applicant’s judgment at a given time.  However, this temporal consideration of disease onset would not explain the applicant’s, otherwise, outstanding duty performance for a relatively extended period after entering military service; although early known to go unnoticed by even close family relatives or associates.  Given the applicant’s contemporaneous diagnosis of Schizophrenia, and its recognized onset in late adolescence and early 20’s, the Medical Advisor could not rule-out the possible influence of prodromal symptoms of Schizophrenia, manifested by a disregard to accepted behavior and policies, while assigned at Howard AFB, Panama.  

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 8 May 20 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFBCMR Medical Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board notes the applicant’s post-service diagnosis of Schizophrenia, and the Medical Advisor’s suggestion that some possible mitigation of the applicant’s behavior may meet the requirements under the Kurta memorandum for “liberal consideration” of an upgrade of discharge characterization.  However, the Board finds the severity of the applicant’s misconduct of speeding and eluding police officers in pursuit, and assault/resisting apprehension of a Security Police officer, outweigh any mitigation for the influence of possible early symptoms of Schizophrenia.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, in the absence of post-service information/criminal history provided by the applicant, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s record.

.RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-01462 in Executive Session on 15 Jul 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, date received 26 Mar 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, dated 6 Jun 19.
Exhibit D:	Advisory opinion, BCMR Med. Advisory, dated 16 Apr 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 8 May 20.

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