RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01452

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His Under Other than Honorable Conditions (UOTHC) discharge be upgraded to an Honorable discharge.

APPLICANT’S CONTENTIONS

The applicant’s misconduct was caused or contributed to by post-traumatic stress disorder (PTSD) resulting from a combat injury, and the USAF failed to comply with Air Force Instruction 36-3208 Chapter 5, paragraph 5.50.2, when processing the discharge under other than honorable conditions. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman. 

On 10 Jun 98, the applicant received a Letter of Reprimand (LOR) for failure to perform an operational check, forms documentation, and post-load inspection in direct violation of Air Force technical orders. 

On 23 Jun 98, the applicant’s first sergeant received notice of a second returned check written by the applicant for payment to the government-issued American Express card for the sum of $1,572.03. 

On 1 Jul 98, the applicant’s reporting official signed a Memorandum for Record (MFR) noting the applicant requested a sufficient amount of derogatory information be placed in his Personal Information File to warrant separation from the Air Force. 

On 7 Jul 98, the applicant’s reporting official signed an MFR explaining why the applicant did not sign the 1 Jul 98 LOR he was slated to receive for dereliction of duty for failure to meet a suspense to turn in an Enlisted Performance Report on a subordinate.  The explanation included that the applicant did not report for work on 3 Jul 98 when the supervisor was available. 

On 15 and 30 Jul 98, Mercury Finance of Fort Walton Beach, Florida, called the applicant’s squadron looking for assistance in collecting an automotive debt to their company and their plan to attempt to repossess the vehicle. 

During a court-martial on 23 Jun 99, the applicant plead guilty to four separate charges to include remaining absent without leave (AWOL) for six months and stealing a DD Form 2 (Active) Geneva Conventions Identification Card from his roommate.  He was sentenced to 18 months confinement and reduction to airman. 

On 22 Nov 99, his commander recommended the applicant be discharged from the Air Force, under the provisions of AFI 36-3208, Chapter 5, paragraph 5.50.2., for a pattern of misconduct and conduct prejudicial to good order and discipline.  The specific reasons for the action were as follows:

a.	On or about 3 Jul 89, he falsely signed an Air Force Form 988, Leave of Absence Authorization. 

b.	On or about 4 Jul 89, he went absent without leave from his base in South Korea and was declared a deserter on 7 Aug 98. 

c.	On or about 4 Jul 89, he stole a Department of Defense (Active), Geneva Conventions Identification Card from his roommate. 

On 10 Jan 00, he received an Under Other Than Honorable Conditions discharge. 

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

POST-SERVICE INFORMATION

On 23 Apr 20, the Board sent the applicant the liberal consideration guidance and a request for post-service information, along with a request for a standard criminal history report from the Federal Bureau of Investigation (FBI) (Exhibit C), which the applicant provided on 2 Jun 20 (Exhibit D).  According to the report, the applicant was arrested on 2 Feb 99 for forgery, larceny wrongful appropriation of military property, use and possession of drugs, and larceny wrongful use with intent to deceive a DD Form 2 Active Geneva Convention ID Card issued another service member.  The applicant provided no additional post-service information.

APPLICABLE AUTHORITY

According to AFI 36-3208, Administrative Separation of Airmen, incorporating changes through 8 June 2017, paragraph 1.18, the types of service characterization are as follows: 

Honorable.  The quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is otherwise so meritorious that any other characterization would be inappropriate. 

Under Honorable Conditions (General).  If an airman’s service has been honest and faithful, this characterization is warranted when significant negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman's military record.

Under Other than Honorable Conditions.  When basing the reason for separation on a pattern of behavior or one or more acts or omissions that constitute a significant departure from the conduct expected of airmen.  The member must have an opportunity for a hearing by an administrative discharge board or request discharge in lieu of trial by court-martial.  

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.

On 25 Jul 18, the Under Secretary of Defense issued supplemental guidance to military corrections boards in determining whether relief is warranted based on equity, injustice, or clemency.  These standards authorize the board to grant relief in order to ensure fundamental fairness.  Clemency refers to relief specifically granted from a criminal sentence and is a part of the broad authority Boards have to ensure fundamental fairness.  This guidance applies to more than clemency from sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  Each case will be assessed on its own merits.  The relative weight of each principle and whether the principle supports relief in a particular case, are within the sound discretion of each Board.  In determining whether to grant relief on the basis of equity, an injustice, or clemency grounds, the Board should refer to the supplemental guidance, paragraphs 6 and 7. (See Exhibit C). 

AIR FORCE EVALUATION

The AFBCMR Psychological Advisor, based on liberal consideration, finds sufficient evidence to support upgrading the applicant’s discharge and narrative reason for discharge.  There is sufficient evidence his mental health condition mitigated his misconduct.  The evaluation report completed after his return from AWOL provided significant information that needs additional attention.  The evaluation report stated his mental health symptoms tend to recur around the anniversary of the bombing – which was 25 Jun 96.  The applicant began to inquire about separation twice in Jun 98, he received two letters of reprimand around this timeframe on 10 Jun 98 and 1 Jul 98, he received two mental health evaluations on 22 and 29 Jun 98, attempted suicide in mid-June, and went AWOL around 4 Jul 98.  All of these incidents occurred within 30 days (before and after) of the bombing anniversary.  It is actually very common for individuals who have experienced significant trauma to experience the exacerbation of their symptoms or decompensation of their mental health around the anniversary of the trauma as it is considered a triggering event for them that would recur in their minds through times.  Therefore, the significance of the timing of the anniversary of his trauma help explains the status and condition of his mental health at the time impacting his decision to go AWOL and also his other misconduct that occurred during this timeframe.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 29 Jun 20 for comment (Exhibit F), and the applicant replied on 14 Jul 20.  In his response, the applicant thanked the board for considering information in his advisory that he himself had forgotten.  

The applicant’s complete response is at Exhibit G.  

ADDITIONAL AIR FORCE EVALUATION

AFPC/DP2STM recommends denying the applicant’s request to change his narrative reason for separation, corresponding Separation Program Designator (SPD) code, and character of service.  The applicant was afforded applicable due process and discharge authority directed discharge for misconduct with a UOTHC.  Based on the applicant’s request and the master personnel record, there is no error or injustice with the discharge processing.

The complete advisory opinion is at Exhibit H.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the AFPC/DP2STM advisory opinion to the applicant on 18 Aug 20 for comment (Exhibit I), 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 has presented evidence sufficient to demonstrate an injustice.  The Board agrees with AFPC/DP2STM and finds no error or injustice in the original discharge process.  However, after reviewing the case through the liberal consideration guidance lens, the Board finds sufficient evidence to recommend relief of the applicant’s discharge upgrade request.  Of particular note is the applicant’s mental health history during his time at Kunsan along with the AFBCMR Psychological Advisor’s opinion, coupled with the applicant’s court-martial statement, all of which depict that the applicant’s decision-making process had deteriorated due to the traumatic experience during the Khobar Towers bombing.  The Board is sensitive to how this traumatic event continued to haunt the applicant and affected his decision-making process.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

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 pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 10 January 2000, he received an Honorable discharge, with a narrative reason for separation of “Secretarial Authority,” and a separation code of “JFF.” 

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-2020-01452 in Executive Session on 4 Nov 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, dated 6 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Letter, SAF/MRBC, dated 23 Apr 20.
Exhibit D: Additional documents, dated 2 Jun 20.
Exhibit E:	Memorandum, AF BCMR Psychological Advisor, dated 18 Jun 20.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, dated 29 Jun 20.
Exhibit G:	Applicant’s response, dated 14 Jul 20.
Exhibit H: Advisory, AFPC/DP2STM, dated 18 Aug 20.
Exhibit I:  Notification of advisory, SAF/MRBC, w/atch, dated 18 Aug 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2020-01452, as required by AFI 36-2603, paragraph 4.11.9.