AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
ADDENDUM TO
RECORD OF PROCEEDINGS
IN THE MATTER OF:
SEP 11 1998
DOCKET NUMBER: 96-02215
COUNSEL: None
HEARING DESIRED: No
RESUME OF CASE:
Applicant had been administratively discharged under the
provisions of AFI 36-3208 with an entry level separation
characterization on 4 June 1996. He received a reenlistment
eligibility (RE) code of rr2Ctt and a separation program designator
(SPD) code of r r J F X , l t which gave him a narrative reason of
IIPersonality Disorder." He served four months and 25 days of
active duty.
In a application dated 30 July 1996, he requested the narrative
reason for his discharge be changed from personality disorderll
to a medical discharge.
The Board considered his appeal on 19 August 1997. The Board
concluded that, because the applicant was undergoing disability
processing for his unfitting medical condition at the same time
he was being processed for an administrative discharge for a
personality disorder that was not a physical disability, he
should have been processed as a "dual action" case in accordance
with AFI 36-3212. Instead, applicant was inappropriately
administratively separated under the provisions of AFI 36-3208
before disability processing could be completed. Based on this
and the Air Force's recommendations, the Board determined that
the applicant should be evaluated by a Medical Evaluation Board
(MEB), a Physical Evaluation Board (PEB), and a Formal Physical
Evaluation Board (FPEB) to determine his physical condition. The
results were to be forwarded to the Secretary of the Air Force
Personnel Council (SAFPC) to determine whether applicant should
be administratively discharged or discharged for his medical
condition.
A complete copy of the Record of Proceedings is at Exhibit F.
The Board's recommendations were implemented and, based on the
findings of the medical boards, on 5 March 1998, SAFPC determined
that the applicant should be discharged for his medical
condition.
Copies of the SAFPC determination as well as the medical boards
evaluations are at Exhibit G.
The case was forwarded to the Chief, Physical Disability
Division, HQ AFPC/DPPD, for review. In his evaluation, the Chief
concurred with the SAFPCIs determination that the applicant
should be discharged under the provisions of AFI 36-3212 for his
medical condition, which existed prior to service (EPTS) without
.service aggravation, and that the present narrative reason for
his discharge should be changed accordingly.
A copy of the complete Air Force evaluation is at Exhibit H.
A copy of the complete Air Force evaluation was forwarded to the
applicant on 2 June 1998 f o r review and comment within 30 days.
As of this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After carefully
considering the evidence before us, particularly the findings of
the medical boards, we concur with the determination of SAFPC and
HQ AFPC/DPPD that the applicant should not have been
administratively discharged but instead discharged for his EPTS
medical condition. We therefore recommend that his records be
corrected as 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:
a. On 3 June 1996 he was found unfit to perform the duties
of his office, rank, grade or rating by reason of mild
intermittent asthma, disability rating O%, VA Code 6602, that the
findings were %ot in the line of duty,I1 and that his medical
condition existed prior to service (EPTS) without service
aggravation.
b. On 4 June 1996, he was discharged under other than
Chapter 61, Title 10, U.S.C, with an entry level separation under
the provisions of AFI 36-3212, and that he was issued a
separation program designator code of llJFM1l with a narrative
reason for separation of "Disability, Existed Prior to Service
(EPTS) , PEB.
The following members of the Board considered this application in
Executive Session on 26 August 1998 under the provisions of AFI
36-2603 :
Mr. David C. Van Gasbeck, Panel Chair
Mr. Michael P. Higgins, Member
Mr. Richard A. Peterson, Member
2
96-02215
All members voted to correct the records,
following documentary evidence was considered:
as recommended. The
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit I. AFBCMR Letter, dated 2 Jun 98.
Record of Proceedings, dated 12 Sep 97, w/atchs.
SAFPC Letter, dated 5 Mar 98, w/atchs.
HQ AFPC/DPPD Letter, dated 25 Mar 98.
-1
Chair
3
9 6 - 0 2 2 1 5
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
SEP 11 1998
Office of the Assistant Secretary
AF’BCMR 96-0221 5
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for Correction
of Military Records and under the authority of Section 1552, Title 10, United States Code (70A
Stat 116), it is directed that:
records of the Department of the Air Force relating t
be corrected to show that:
a. On 3 June 1996 he was found unfit to perform the duties of his office, rank, grade or
rating by reason of mild intermittent asthma, disability rating O%,VA Code 6602, that the
findings were “not in the line of duty,” and that his medical condition existed prior to service
(EPTS) without service aggravation;
b. On 4 June 1996, he was discharged under other than Chapter 61, Title 10, U.S.C,
with an entry level separation under the provisions of AFI 36-32 12, and that he was issued a
separation program designator code of “JFM’ with a narrative reason for separation of
“Disability, Existed Prior to Service (EPTS), PEB.”
Director
Air Force Review Boards Agency
........ .. ... . . .... _ .
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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
SEP 1 2 1997
IN THE MATTER OF:
DOCKET NUMBER: 96-02215
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT :
The narrative reason for his discharge
"personality disorder" to a medical discharge.
be changed from
APPLICANT CONTENDS THAT :
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letter
prepared by the appropriate offices of the Air Force (Exhibits C
and D). Accordingly, there is no need to recite these facts in
this Record of Proceedings.
AIR FORCE EVALUATION:
The Medical Consultant reviewed the application and states that
consideration should be granted for due process. Applicant's
discharge should have; been processed as a Dual Action case
through the medical disability channels pursuant to A F I 36-3212.
The case should be referred to the Secretary of the Air Force
Personnel Council (SAFPC) for further consideration.
A complete copy of the evaluation is attached at Exhibit C.
The Chief , Physical Disability Division, AFPC/DPPD, reviewed the
application and states that applicant was in the midst of being
processed under the disability evaluation system when he was
inappropriately separated under the administrative discharge
provisions of A F I 36-3208. A F I 36-3212, paragraph 1 . 4 . 4 states
that disability cases on members with an unfit finding who are
APBCMMR 96-02215
also pending an administrative separation are to be processed as
"dual action" cases. This means that both the administrative and
disability cases would be processed separately and concurrently.
Neither one, however, would be processed to completion, but once
each case file was completed through to a recommended
disposition, both case files would be married up at AFPC/DPPD and
sent to SAFPC where the SAFPC would weigh which type of
separation would be more appropriate based on the merits of-each
individual case. I n applicant's case, while his disability case
was being processed, Kessler AFB Discharge Authority separated
applicant under the administrative discharge provisions of A F I
36-3208, Disability processing had just completed the Informal
Physical Evaluation Board (IPEB) process
The IPEB recommended
applicant be found unfit for continued military service, but that
the condition had existed prior to entrance onto active duty and
was not aggravated by military service .
The IPEB further
recommended applicant be discharged under other than disability
law provisions. In accordance with AFI 36-3212, paragraph 5.4,
final disposition on the "dual action'' case could only be made by
the SAFPC.
Therefore a change in the record is merited in this
They recommend that the AFBCMR direct AFPC/DPPD to
case ,
schedule applicant to receive a current medical evaluation at
disability retired list (TDRL) temporary duty (TDY) funds, The
further recommend that. the applicant be granted the opportunity
to meet a Formal PEB (FPEB) and allow the disability process to
continue to the appropriate point of completion as previously
discussed. The final disposition will rest with the SAFPC.
A complete copy of the evaluation is attached at Exhibit D.
Wilford Hall Medical Center-, > using temporary
APPLICANT'S REVIEW OF A I R FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to
applicant for review and response within 30 days. As of this
date-, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
l a w or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice to
warrant continued processing through the Air Force disability
system. After reviewing the evidence of record, we note that, in
accordance with AFI 36-3212, paragraph 1.4.4, applicant's case
should have been processed as a "dual action" case because he was
2
AFBCMR 96-02215
undergoing disability processing for his unfitting medical
condition at the same time he was being processed for an
administrative discharge for a personality disorder, which was
not a physical disability. Clearly, once both cases had been
completed to the point of a recommended disposition, they should
have been forwarded to the Secretary of the Air Force Personnel
Council (SAFPC) to determine which type of separation was most
appropriate. It is apparent that applicant was inappropriately
administratively separated under provisions of AFI 36-3208 before
disability processing could be completed.
In view of the
foregoing, we believe that the most equitable action f o r the
applicant and the Air Force at this time is to afford him the
opportunity to continue the disability evaluation process.
Therefore, we recommend the applicant's records be corrected to
the extent indicated below. Applicant's request to change the
narrative reason for discharge to a medical disability was
considered; however, we believe the recommended corrective action
is the best approach to resolving the true status of his medical
condition and also permits a reevaluation of his misconduct.
Once this review has been completed, the Board will be in a
better position to render a final decision on his application.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. He was issued invitational travel orders by competent
authority to Wilford Hall Medical Center for evaluation and
presentation of his case to a Medical Evaluation Board (MEB),
Physical Evaluation Board (PEB) and Formal Physical Evaluation
Board (FPEB) , to determine his medical condition.
b. The results of the medical evaluation and his administrative
discharge case file be forwarded to the Secretary of the Air
Force Personnel Council (SAFPC) to determine whether he would
have been recommended for an administrative discharge or
discharge for his medical condition.
c. The recommendation of the SAFPC be forwarded to the Air Force
Board for Correction of Military Records at the earliest
practicable date so that all necessary and appropriate actions
may be completed.
The following members of the Board considered this aDDlication in
Executive Session on 19 August 1997, under the provisions of AFI
3 6 - 2 6 0 3 :
Mr. David C. Van Gasbeck, Panel Chairman
Mr. William E. Edwards, Member
3
Mr, Richard A. Peterson, Member
Ms , Donna Pittenger, Examiner (without vote)
All members voted to correct the records, as recommended.
following documentary evidence was considered:
The
Exhibit A,
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
DD Form 149, dated 30 J u l 96, w/atchs,
Applicant's Master Personnel Records.
Letter, Medical Consultant, dated 25 Jan 97.
Letter, AFPC/DPPD, dated 9 Apr 97, w/atchs
Letter, AFBCMR, dated 21 A p r 97.
LDAVIJAf VAN GASBECK
Panel Chairman
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