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AF | BCMR | CY1999 | 9800482
Original file (9800482.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-00482
                 INDEX CODE 100.06
                 COUNSEL:  None

                 HEARING DESIRED:  Yes
_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from  “2C”  to  “1R”
and he be reinstated in the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he was unjustly judged and separated.  He  was  distressed
over his father being hospitalized. He underwent a  commander-directed
evaluation (CDE), which found him fit for continued duty on the flight
line. His first sergeant  wanted  him  discharged  and  contacted  the
doctor who did the second CDE. He was wrongfully discharged.

A copy of applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty  on  6  December  1995.  During  the
period in question he was an assistant dedicated crew  chief  assigned
to the 12th Fighter Squadron (12FS) at Kadena AB, Japan.

According an 18 Wing Form 32 dated 14 March 1997,  the  applicant  had
numerous instances of missed appointments, showing up late  for  work,
unexplained behavior  and  several  counselings.   While  on  duty  he
apparently   became   disoriented   and   demonstrated    uncontrolled
frustration when faced with difficult situations. He  appeared  overly
tired  on  a  regular  basis.   He  apparently  admitted  to  distress
regarding  his  father’s  medical  situation,  family  isolation,  and
financial problems. As a result, he was notified on 17 March 1997 that
he was to undergo a CDE by the Mental Health Clinic (MHC) at the  18th
Medical Group.

The 21 May 1997 Report of Mental  Health  Evaluation  (MHE)  indicated
that the first sergeant was concerned about the applicant’s ability to
continue in the Air Force because he did
not seem to be able to cope with  Air  Force  structure  and  was  not
progressing in his  career  field.  Testing  indicated  self-defeating
behavior, low self-esteem, and several  unresolved  issues  concerning
his childhood and  family.  The  diagnosis  was  adjustment  disorder,
unspecified; physical abuse as a child. The MHE found  him  world-wide
qualified and recommended he be returned to  the  flight  line  for  a
trial of duty with monitoring by the command and continuing  treatment
at the MHC.

According an 18 Wing Form 32 dated  28  July  1997,  he  continued  to
demonstrate the same type of behaviors as before. He  didn’t  seem  to
understand the consequences of his actions or to  perform  very  minor
tasks. He was unable to explain why he kept doing what he did.

On 28 July 1997, he was directed to undergo another CDE.

On 5 August 1997, the Enlisted Performance Report (EPR)  closing  that
same date was referred to him. This was the only EPR he received.  His
conduct on/off duty was marked “Unacceptable.”  The  comments  reflect
that he required extensive supervision, had been removed  from  flight
line duties due to unacceptable behavior. His overall rating was  “3.”
The applicant did not rebut the EPR.

The 22 August 1997 MHE [performed by the same doctor] advised that the
applicant had continued to receive treatment. He still had significant
difficulty adjusting to military life. His behavior was not malicious.
He had long-term adjustment problems which continued  on  active  duty
and  poor  judgment  and  insight.   The  MHE   indicated   that   his
difficulties would continue and it was unlikely he would  ever  adjust
to military life. Diagnosis was the same as in the first MHE. However,
he was not found fit for duty.

On 15 September 1997, the applicant was notified by the 12FS commander
of his intent to recommend discharge for a condition  that  interferes
with military service.  The reason was the second MHE.  The  applicant
provided a written presentation on 18 September  1997,  asking  to  be
retained. He contended that his squadron did not  return  him  to  the
flight line as was recommended by the first MHE.  He  added  that  the
second MHE was unfair and was prompted by his being an hour  late  for
work and wearing sandals, which he did not know violated  regulations,
with his authorized civilian attire. He  further  contended  that  the
doctor told him his first sergeant  wanted  to  get  him  out  of  the
service. A former  supervisor  provided  a  statement  supporting  the
applicant’s retention.

On 24 September 1997, the 12FS commander recommended to the 18th  Wing
commander that the  applicant  be  discharged  for  a  condition  that
interferes with military service without probation and
rehabilitation (P&R). He advised that the applicant’s supervisors were
uncomfortable in allowing him to return to his duties  on  the  flight
line because of safety concerns.

The case was found legally sufficient on 30  September  1997,  with  a
recommendation of honorable discharge without P&R.  On 3 October 1997,
the 18th Wing commander approved the discharge.

The applicant was honorably discharged on  16  November  1997  in  the
grade of airman with 1 year, 11 months and 11 days of active duty.  He
was given an RE code of “2C” and a separation program designator  code
(SPD) of “JFX” (Personality Disorder).
_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant  reviewed  the  case  and  states  that,
although the  applicant  disputes  the  validity  of  the  second  CDE
opinion, records indicate he continued to  have  difficulties  in  his
workplace and that discharge was effected based  on  these  continuing
problems. No other psychiatric diagnosis was rendered and  no  illness
was found upon which to  recommend  consideration  in  the  Disability
Evaluation  System.  Unfortunately,   the   current   AFI   regulating
separations for mental health problems does not allow coding for other
than  “Personality  Disorder,”  an  entirely  different  DSM-IV   code
sequence from which the applicant was diagnosed.  It is not proper  to
apply an  erroneous  label  to  an  individual  because  a  recognized
administrative shortfall has occurred in  this  case.  The  Consultant
therefore recommends  that,  in  order  to  correct  an  injustice  of
improperly labeling the applicant’s disorder, Block 28 of his DD  Form
214 be changed to read “Secretarial Authority,” with the corresponding
SPD code being “KFF.” The  RE  code  should  remain  unchanged  as  it
reflects the honorable nature of his involuntary  discharge.  A  valid
psychiatric diagnosis was made (Adjustment Disorder) and  this  cannot
simply be discarded to allow his return to the military.

A copy of the complete evaluation is at Exhibit C.

The Military Personnel Management Specialist, HQ  AFPC/DPPRS,  concurs
with the Medical Consultant’s recommendation to change the SPD code to
“KFF.”

A copy of the complete evaluation is at Exhibit D.

The Special Programs & BCMR Manager, HQ AFPC/DPPAES, advises that  the
RE code of “2C”  is  correct  as  the  type  of  discharge  drove  its
assignment.

A copy of the complete evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the complete evaluations were forwarded to the applicant  on
2 November 1998 for review and comment 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
law 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  partial
relief.  The  applicant  has  asked  for  an  RE  code  of  “1R”  with
reinstatement in the Air Force. An RE code from the “1” series renders
an individual “Eligible for Immediate Reenlistment.” However, after  a
thorough review of the available documentation,  we  are  inclined  to
agree with the Medical Consultant’s evaluation of the circumstances of
this case and his suggested  recommendation.  To  apply  an  erroneous
label of “Personality Disorder” to an individual  with  an  Adjustment
Disorder because of a recognized administrative  shortfall  seems  not
only stereotypically bureaucratic but also  unfair.  Consequently,  we
conclude the applicant’s SPD code should be changed to “KFF.”  His  RE
code of “2C” should remain as it reflects  his  involuntary  honorable
discharge and, in view of the apparently valid  psychiatric  diagnosis
of Adjustment Disorder, we do not believe  he  should  be  allowed  to
return to  the  military.  Therefore,  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, in conjunction  with
his  honorable  discharge  on  16  November  1997,  he  was  issued  a
Separation Program Designator  code  of  “KFF”  with  a  corresponding
narrative reason of “Secretarial Authority.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 April 1999, under the provisions  of  AFI  36-
2603:

                  Ms. Patricia J. Zarodkiewicz, Panel Chair
                  Ms. Olga M. Crerar, Member
                  Ms. Dorothy P. Loeb, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A. DD Form 149, dated 9 Feb 98, w/atch.
   Exhibit B. Applicant's Master Personnel Records.
   Exhibit C. Letter, AFBCMR Medical Consultant, dated 28 Jul 98.
   Exhibit D. Letter, HQ AFPC/DPPRS, dated 16 Sep 98.
   Exhibit E. Letter, HQ AFPC/DPPAES, dated 14 Oct 98.
   Exhibit F. Letter, AFBCMR, dated 2 Nov 98.




                                   PATRICIA J. ZARODKIEWICZ
                                   Panel Chair




AFBCMR 98-00482




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:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that, in conjunction
with his honorable discharge on 16 November 1997, he was issued a
Separation Program Designator code of “KFF” with a corresponding
narrative reason of “Secretarial Authority.”





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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