RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04881

	COUNSEL: NONE

	HEARING REQUESTED: UNMARKED

APPLICANT’S REQUEST

His Article 15s Nonjudicial Punishments be removed from his record.

APPLICANT’S CONTENTIONS

His actions that led to his Article 15s were due to having a hyperglycemia episode but were treated like an alcohol-related incident.  He had little memory of the events and had no control over his actions.  He is now being treated for Type II diabetes and would like his documents reviewed by a medical professional.     

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

STATEMENT OF FACTS

The applicant is a currently serving senior airman.  

On 1 May 18, the applicant’s commander offered him nonjudicial punishment (NJP) for operating a vehicle while drunk on 19 Mar 18, in violation of Article 111, Uniform Code of Military Justice (UCMJ).  

On 11 May 18, the applicant’s commander found the applicant committed the offense, administered a punishment of reduction to staff sergeant and a reprimand.  The applicant did not appeal.  

On 15 Jan 19, the applicant’s commander offered him nonjudicial punishment (NJP) for disrespectful language and deportment towards a senior noncommissioned officer, in violation of Article 91, UCMJ; for failure to obey a lawful order, in violation of Article 92, UCMJ; and for drunk and disorderly conduct, in violation of Article 134, UCMJ.  These specifications related to an 8 Dec 18 incident at a casino near Nellis Air Force Base, NV.  

On 18 Jan 19, the applicant waived his right to a court-martial, and accepted NJP. His written response asserted that he had consumed alcohol on the night in question, but did not remember the events leading to the NJP. He also indicated that he had been diagnosed with Type 2 Diabetes the week after the incident.

On 24 Jan 19, the applicant’s commander found the applicant committed the offense, administered a punishment of reduction to senior airman, suspended forfeiture of $1,332.00 pay per month for two months, and a reprimand.  The applicant did not appeal.  

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

AIR FORCE EVALUATION

AFLOA/JAJM recommends denying the applicant’s request noting the record contains insufficient evidence or allegation of error or injustice to undermine the Applicant’s NJP actions or imposed punishment.  Our review indicates the commander did not abuse his discretion in administering the NJP actions, finding the applicant committed the offenses as alleged in both, or imposing punishment. The punishments imposed were within the permissible range for the offenses.  The applicant acknowledged consuming alcohol at the time of the incidents addressed in the NJP actions.  Accordingly, both NJP actions are legally sufficient.  The issue for the Board is whether the applicant’s then-undiagnosed medical condition exacerbated the effects of his alcohol consumption to the extent that either or both NJP actions would represent injustices. An independent medical review, rather than the documents the applicant submitted on his own behalf, is necessary to resolve the issue.   

The complete advisory opinion is at Exhibit C.

The AFBCMR Medical Advisor recommends denying the application finding no evidence to mitigate the basis of his Article 15s.  Medical records provide evidence the applicant was admitted on 10 Dec 18 for substance abuse treatment. During his stay, his laboratory studies revealed an elevated blood glucose.  He was counseled, prescribed hyperglycemic medication, and referred to a dietician. Typically, in Diabetes Mellitus Type 2, the pancreas can no longer produce enough insulin to counteract the increase in blood glucose level caused by food consumption.  However, when alcohol is consumed the effects vary depending on whether the person is in a fasting state or non-fasting state.  In case under review, it is not clear if the applicant consumed the mixed drinks in a fasting or non-fasting state.  However, it is documented he consumed excessive amount of sugary alcoholic drinks which could have led to the exacerbation of his undiagnosed Diabetes.  In regards to his aggressive behavior, hypoglycemia (low blood sugar) is known for causing violent behavior but hyperglycemia can cause aggressive outbursts known as Diabetic rage.  This was confirmed by his endocrinologist in a memorandum dated 5 Aug 20 stating, “Consuming alcohol when diagnosed with Type 2 Diabetes Mellitus can caused hyperglycemia or hypoglycemia which can cause confusion, irritability and aggressive behavior.” Although, this medical advisor agrees with the assessment of the endocrinologist, the applicant is still responsible for the consumption of alcohol and the misconduct associated with his substance abuse.  Although the applicant states his drunken behavior was exacerbated by his undiagnosed diabetes, evidence provided to the Board documents the applicant had been struggling with alcohol use since 2003.  The applicant received two article 15s for driving under the influence and one for disorderly conduct and disrespect towards a superior.  His lack of responsibility as a NCOIC to not drink or know his limitations despite undergoing alcohol education in the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) program and receiving article 15s for his alcohol related incident has no bearing on his undiagnosed diabetes.

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 2 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 AFLOA/JAJM and the AFBCMR Medical Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  While we note the assessment of the endocrinologist, we agree with the AFBCMR Medical Advisor that the applicant is still responsible for his consumption of alcohol and his misconduct associated with his substance abuse.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2019-04881 in Executive Session on 17 Jun 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 15 Nov 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 18 Mar 20.
Exhibit D: Advisory opinion, AFBCMR Medical Advisor, dated 2 Apr 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 3 Apr 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings related to Docket Number BC-2019-04881, as required by AFI 36-2603, paragraph 4.11.9.