RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01762

XXXXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  His under honorable conditions (general) discharge be upgraded to honorable.

2.  His Reenlistment Eligibility (RE) code of 2B be changed to a 1# series reentry code on his DD Form 214, Certificate of Release or Discharge from Active Duty.

APPLICANT’S CONTENTIONS

His records reflect that he had motivational problems; however, he did not.  A couple of enlisted personnel in his chain of command abused him physically, verbally and mentally.  This affected him emotionally, causing him to be admitted to the psychiatric ward.  The discharge characterization does not reflect his true character.

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former airman (E-2) who served in the Regular Air Force.

On 16 Nov 87, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for unsatisfactory performance.  The commander recommended the applicant’s discharge be characterized as general (under honorable conditions).

On 16 Nov 87, the applicant acknowledged receipt of the discharge notification and after consulting with counsel, he waived his right to submit statements on his behalf.

On 11 Dec 87, the staff judge advocate found the discharge action legally sufficient and recommended the applicant be separated with a general (under honorable conditions) discharge characterization.  The discharge authority approved the recommendation on 14 Dec 87.

On 18 Dec 87, the applicant was discharged with a general (under honorable conditions) character of service.  His narrative reason for separation is Unsatisfactory Performance, his RE code is 2B.  He was credited with 2 years, 10 months, and 8 days of active service.

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

APPLICABLE AUTHORITY

On 3 Sep 14, the Secretary of Defense issued a memorandum providing guidance to the Military Department Boards for Correction of Military/Naval Records as they carefully consider each petition regarding discharge upgrade requests by veterans claiming PTSD.  In addition, time limits to reconsider decisions will be liberally waived for applications covered by this guidance.

On 25 Aug 17, the Under Secretary of Defense for Personnel and Readiness (USD P&R) issued clarifying guidance to Discharge Review Boards and Boards for Correction of Military/Naval Records considering requests by veterans for modification of their discharges due in whole or in part to mental health conditions [PTSD, Traumatic Brain Injury (TBI), 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 the aforementioned conditions.

Currently, service members diagnosed with mental health conditions receive heightened screening to ensure the causal relationship of possible symptoms and discharge basis is fully considered, and characterization of service is appropriate.  Veterans discharged under prior procedures, or before verifiable diagnosis, may not have suffered an error because the separation authority was unaware of their condition or experience at the time of discharge.  However, when compared to similarly situated individuals under current standards, they may be the victim of injustice because commanders fully informed of such conditions and causal relationships today may opt for a less prejudicial discharge to ensure the veteran retains certain benefits, such as medical care.

Liberal consideration does not mandate an upgrade.  Relief may be appropriate, however, for minor misconduct commonly associated with the aforementioned mental health conditions and some significant misconduct sufficiently justified or outweighed by the facts and circumstances.

On 25 Jul 18, the USD P&R issued further guidance with the intent to set clear standards.

Copies of the Board guidance memoranda are at Exhibit F.

POST-SERVICE INFORMATION

On 21 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.

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice in reference to the applicant’s RE code.  The applicant’s RE code 2B is correct based on his involuntary discharge with a general character of service.

The complete advisory opinion is at Exhibit C.

The AFBCMR Psychological Advisor finds insufficient evidence to support the applicant’s desired changes to his record.  There is evidence however, that the applicant had poor work performance, and behavior and misconduct issues that began during his second year of service.  There are also multiple Record of Individual Counseling statements that indicate his leadership attempted to provide rehabilitation efforts to improve his behaviors but he was unresponsive to them.  After an exhaustive review of the records, this psychological advisor is in agreement with the evaluations performed by his military providers, specifically with the evaluation completed from his first hospitalization.  The applicant appeared to have difficulties meeting the demands of military life and structure beyond his inherent potential and when overwhelmed by his stressors, would endorse having suicidal tendencies and gestures as a way to cope.  His Department of Veterans Affairs (VA) treatment notes reflect the same presentation as he continued to experience suicidal ideation when unable to cope with stressors in his life and also received inpatient psychiatric hospitalization again decades after his service in the military.  He appeared to have an enduring, life-long pattern of emotional instability, poor interpersonal functioning, poor impulse control, distorted cognition that were first observed and identified during service as a personality disorder that was the predominate condition driving his behaviors.  Personality Disorders are considered unsuiting for military service.  Addressing the applicant’s Military Sexual Trauma (MST) experience, and even if giving the applicant the benefit of the doubt that it did occur in service, the impact of his MST was minimal on his commander’s decision to administratively separate him from service due to his already pre-existing unsatisfactory performance.  There is evidence that the applicant had poor work performance, and behavior and misconduct issues that began during his second year of service.  There are also multiple Record of Individual Counseling statements that indicate his leadership attempted to provide rehabilitation efforts to improve his behaviors but he was unresponsive to them.  The applicant’s performance and behavior issues continued to deteriorate progressively to include stealing money from his roommate and having further financial problems that led to his discharge from service for unsatisfactory performance.

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 7 Apr 20 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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 AFPC/DP2SSM and the AFBCMR Psychological Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Additionally, the Board is satisfied that the application of liberal consideration does not warrant any relief.  Therefore, the Board recommends against correcting the applicant’s records.

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-2019-01762 in Executive Session on 20 May 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Feb 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 13 Nov 19.
Exhibit D:	Advisory opinion, AFBCMR Psychological Advisor, dated 2 Apr 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 7 Apr 20.
Exhibit F:	Consolidated clarifying guidance, various dates.

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.