RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00638 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The narrative reason for his discharge on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: He suffered a traumatic brain injury (TBI) during an automobile accident that was mistaken for a personality disorder, resulting in his involuntary separation. In support of his request, the applicant provides copies of various neurological consultations. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Applicant’s military personnel records indicate he enlisted in the Regular Air Force on 6 Jan 00 and was progressively promoted to the grade of staff sergeant (E-5), effective and with a date of rank of 2 Apr 04. On 10 Oct 06, the applicant was notified by his commander of his intent to recommend his involuntary discharge from the Air Force for a mental disorder and minor disciplinary infractions. The reasons for the action were: a. Applicant’s diagnosis of adjustment disorder with depressed mood, which rendered him unsuitable for continued military service, as documented by a commander-directed evaluation due to repeated defiant and non-compliant actions and a persistent trend of failure to report to duty. b. He did, on diverse occasions between on or about 13 Jun 06 and on or about 28 Jun 06, fail to report to his appointed place of duty, for which he received a Letter of Reprimand (LOR), dated 30 Jun 06. c. He did, on or about 7 Jul 06, fail to obey a lawful order, for which he received an LOR, dated 11 Jul 06. d. He did, on or about 14 Jul 06, absent himself from his appointed place of duty, remaining so absent until 19 Jul 06. Additionally, on or about 20 Jul 06, he failed to obey a lawful order. For this misconduct, he received nonjudicial punishment via Article 15, Uniform Code of Military Justice (UCMJ), on 20 Sep 06. On 10 Oct 06, the applicant acknowledged receipt of the letter of notification and offered a conditional waiver of his rights to an administrative discharge board, contingent upon his receipt of no less than an honorable discharge. On 12 Oct 06, the case was found to be legally sufficient and the discharge authority accepted the applicant’s conditional waiver and approved the commander’s request for involuntary discharge on 13 Oct 06. On 18 Oct 06, the applicant was furnished an honorable discharge for Personality Disorder under the provisions of AFI 36-3208, Administrative Separation of Airmen. He was credited with 6 years, 9 months, and 12 days of total active service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate office of the Air Force and the AFBCMR Medical Consultant, which are attached at Exhibits C and E. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends the applicant’s separation code be corrected to “KFF” and the narrative reason for the separation be corrected to reflect “Secretarial Authority” since the basis for the applicant’s discharge was an adjustment disorder versus a personality disorder. Although the applicant’s reported vehicle accident pre-dates his acts of misconduct, there was no affirmative evidence, provided by the applicant or in the record, which reflects he was diagnosed with a TBI or the accident was a factor in his misconduct. Additionally, the discharge package indicates the applicant’s recent divorce, resulting in his separation from his child, was the likely cause of his adjustment disorder and subsequent discharge proceedings. A complete copy of the AFPC/DPSOS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 2 Jul 09 for review and response within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The AFBCMR Medical Consultant indicates there is insufficient evidence the applicant’s misconduct and depressed mood were the direct result of his car accident. However, the Medical Consultant agrees with the AFPC/DPSOS conclusion the applicant’s discharge was for an adjustment disorder versus a personality disorder and recommends changing the narrative reason for separation to “Secretarial Authority”. A complete copy of the BCMR Medical Consultant’s evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the BCMR Medical Consultant evaluation was forwarded to applicant on 9 Oct 09 for review and response within 30 days. As of this date, no response has been received by this office (Exhibit F). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting a correction of the applicant’s narrative reason for separation. While we agree with the BCMR Medical Consultant’s opinion that insufficient evidence exists to conclude the applicant’s reported disciplinary infractions and depressed mood were the direct result of his reported accidental injury, we note “Personality Disorder” was used for all unsuiting mental health disorders at the time of the applicant’s discharge, even in cases such as his when the diagnosis was adjustment disorder, not personality disorder. “Personality Disorder” did not properly distinguish the other mental disorders for which a service member could be separated. While not available during the time the applicant was discharged, adjustment disorder was eventually approved as a valid reason for separation in February 2007. Although action and disposition of the applicant’s case appears to be in compliance with the Air Force directives in effect at the time of his discharge, we believe it would be an injustice for the applicant to continue to suffer the stigma of such a characterization. Accordingly, we recommend that his records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of his discharge on 18 October 2006, the narrative reason for his discharge was “Secretarial Authority,” with a Separation Program Designator (SPD) code of “KFF.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-00638 in Executive Session on 3 Dec 09, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Feb 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 24 Jun 09. Exhibit D. Letter, SAF/MRBR, dated 2 Jul 09. Exhibit E. Letter, BCMR Medical Consultant, dated 6 Oct 09. Exhibit F. Letter, SAF/MRBR, dated 9 Oct 09. Panel Chair