RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02803 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The following items on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed: a. Narrative reason of “Personality Disorder” b. Separation code of “JFX” c. Reentry code of “2C” (involuntarily separated with an honorable; or entry level separation without characterization of service. d. He be given supplemental promotion to the grade of staff sergeant (SSgt) and his rank be corrected to reflect SSgt rather than senior airman (SrA) 2. He be allowed to complete his dental procedures. 3. Appropriate actions be taken to correct the damages done from the defamation of his character due to illegally labeling him with a Personality Disorder, including payment of lost wages. _________________________________________________________________ APPLICANT CONTENDS THAT: He was never diagnosed with having a Personality Disorder and his life has been severely impacted due to this military label. A Personality Disorder is described as an individual with a maladaptive pattern of perceiving and responding to other people. It creates a lifelong stigma and renders the individual unemployable due to high social in-adaptability. He should have been discharged with an “Adjustment Disorder.” His commander listed his condition properly; however, during the review of his discharge processing, the staff judge advocate changed his condition to “Personality Disorder.” He believes “Personality Disorder” was used to avoid the lengthy process of a Medical Evaluation Board (MEB) and disability payments. He was prevented from completing his dental care which was noted on his DD Form 214. The gross lack of concern, blatant disregard for Department of Defense (DoD) regulations, and extreme deformation of character has irreparably damaged his future and caused great mental and financial loss. In support of his request, the applicant provides copies of personal statements, extracts from his master personnel records, a news article, letters of appreciation, and extracts from the Code of Federal Regulation. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 8 May 2001, the applicant entered the Regular Air Force. On 18 July 2006, the applicant was diagnosed with an Adjustment Disorder with mixed anxiety and depressed mood, severe; Dysthymia, early onset (chronic depression for a least two years and commencing before age 21); Attention Deficit Hyperactive Disorder, combined type. The Behavior Health Flight commander recommended the applicant be discharged. On 14 August 2006, the applicant was notified of pending discharge action. Specifically, the commander cited the applicant’s diagnosed Adjustment Disorder as the basis for discharge. The applicant consulted counsel and waived his right to submit statements in his own behalf. On 18 August 2006, the staff judge advocate found the discharge legally sufficient and recommended discharge without probation and rehabilitation. On 23 August 2006, the discharge authority directed discharge. On 24 August 2006, the applicant was honorably discharged , with a narrative reason for separation of “Personality Disorder, a separation code of “JFX,” and a “2C” RE code. Prior to his discharge, the applicant was provided a complete dental examination; however, all appropriate dental services and treatment were not provided by the Air Force within 90 days of his separation. The applicant signed a statement of understanding indicating he had been briefed on the eligibility criteria concerning Department of Veterans Affairs (DVA) outpatient dental treatment. The applicant’s DD Form 214, Item 17, Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior separation, has been administratively corrected to reflect “Yes.” _________________________________________________________________ AIR FORCE EVALUATIONS: HQ AFPC/DPSOS recommends partial approval. DPSOS states the applicant was diagnosed with an adjustment disorder and his DD Form 214 should have reflected a separation code of “JFY” and the narrative reason of “Adjustment Disorder.” This does not infer the applicant’s separation from the Air Force was unjust or improper, rather the separation code entered on his 214 in incorrect. DPSOS states the applicant’s DD Form 214 is in error. The complete HQ AFPC/DPSOS evaluation is at Exhibit C. HQ AFPC/DPSOA recommends denial of his request to change his RE code. DPSOA states the applicant’s “2C” RE code is required based on his involuntary separation with an honorable service characterization. The complete HQ AFPC/DPSOA evaluation is at Exhibit D. HQ AFPC/DPSOE recommends denial of his request to change his rank to SSgt. DPSOE states the applicant was not serving on active duty on the date his promotion number would have incremented (1 January 2007). The complete HQ AFPC/DPSOE evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 28 January 2011 for review and comment within 30 days (Exhibit F). As of this date, this office has not received a response. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ AFPC/DPSOY makes no recommendation. DPSOY states the applicant’s DD Form 214 was properly documented at the time of discharge with regard to completion/non-completion of dental treatment prior to separation. The complete HQ AFPC/DPSOY evaluation is at Exhibit G. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 Jul 11 for review and comment within 15 days (Exhibit H). As of this date, this office has not received a response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice that would warrant a change to the applicant’s RE code t or rank. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In view of the above and absent persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief. In this respect, we note that the office of the Secretary of Defense released updated standardized codes to specifically identify mental disorders. Prior to this change, all mental disorders were grouped under the code for “Personality Disorder.” Since the applicant was actually diagnosed with an “Adjustment Disorder,” with depressed mixed anxiety and depressed mood his separation code should have reflected “JFY” and his narrative reason for separation changed to “Adjustment Disorder”. Accordingly, we agree with the opinion and recommendation of AFPC/DPSOS) and believe it is in the interest of justice to change his records to reflect the more appropriate code and reason. . Therefore, in order to preclude a possible injustice to the applicant, we recommend 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 he was discharged on 24 August 2006, with a narrative reason for separation of “Adjustment Disorder” rather than “Personality Disorder”, separation code of “JFY” rather than “JFX”, and a reentry (RE) code of 2C. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02803 in Executive Session on 23 August 2011, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-02803 was considered: Exhibit A. DD Form 149, dated 20 July 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. HQ AFPC/DPSOS, Letter, dated 8 November 2010. Exhibit D. HQ AFPC/DPSOA, Letter, dated 9 November 2010. Exhibit E. HQ AFPC/DPSOE, Letter, 30 November 2010. Exhibit F. SAF/MRBR, Letter, dated 28 January 2011. Exhibit G. HQ AFPC/DPSOY, Letter, 18 July 2011. Exhibit H. SAF/MRBC, Letter, dated 21 July 2011. Panel Chair