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AF | BCMR | CY1999 | 9803070
Original file (9803070.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03070
            INDEX NUMBER:  110.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His  uncharacterized  entry-level  separation  be  changed  to   an
honorable discharge and that the narrative reason for separation be
deleted or changed to Convenience of the Government.

___________________________________________________________________

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:

On 17 July 1996, applicant enlisted in the Regular Air Force for  a
period of four years.  Applicant’s  enlistment  agreement  reflects
that he was guaranteed classification into an Air  Force  Specialty
in the mechanical aptitude  area  without  promise  of  a  specific
specialty.

On 31  October  1996,  the  squadron  section  commander  initiated
discharge action against the applicant and recommended that  he  be
given an entry-level  separation.   The  reason  for  the  proposed
action was based on the diagnosis by a  clinical  neuropsychologist
that applicant had an  adjustment  disorder  with  depressed  mood,
which was so severe that his ability to function effectively in the
military environment was  significantly  impaired.   The  commander
stated  that  before  recommending  the  discharge,  he   counseled
applicant on numerous occasions beginning 7 October  1996  on  what
the  Air  Force  expects  of  its  young  airmen,  how  to   be   a
professional, productive member, and  the  resources  available  to
accomplish this objective.  He directed the applicant to reevaluate
decision making process and priorities in order to  make  the  best
decision concerning continuing service in the Air Force.  Applicant
acknowledged  receipt  of  the  discharge  notification  and   that
military  legal  counsel  had  been  made  available  to  him.   On
31 October 1996, applicant waived his option to consult counsel and
did not submit statements for consideration.  On  6 November  1996,
the Deputy  Staff  Judge  Advocate  found  the  case  file  legally
sufficient to support discharge.  On 9 November 1996, the discharge
authority approved the discharge action and directed the  applicant
be discharged with an entry level separation without probation  and
rehabilitation.

On 12 November 1996,  the  applicant  received  an  uncharacterized
entry-level separation, by reason of personality disorder.  He  was
credited with 3 months and 26 days of active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, is of the  opinion  that,  in
order  to  correct  an  injustice  of   improperly   labeling   the
applicant’s disorder, the applicant’s request for change of  reason
for discharge should be granted.  The applicant was given an  entry
level separation with uncharacterized service after a mental health
evaluation had determined  that  he  suffered  from  an  adjustment
disorder of such severity as to  preclude  further  military  duty.
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 simply because of a recognized administrative  shortfall
as occurred in this case.  However, the timing of  the  applicant’s
separation within six months of entry requires  an  uncharacterized
entry-level separation, which applies regardless of the reason  for
separation.  (Exhibit C)

The Separations Branch, AFPC/DPPRS, concurred with the BCMR Medical
Consultant’s recommendation that the applicant’s  narrative  reason
for  separation  should  be  changed  to  “Secretarial  Authority.”
However, his character of  service  should  remain  uncharacterized
since he was given an entry-level  separation.   Airmen  are  given
entry  level  separation/uncharacterized  service  characterization
when separation action is initiated against them in the  first  180
days of continuous active service.  (Exhibit D)

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant
on 2 August 1999 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 injustice warranting  corrective  action.
We  found  no   evidence   that   responsible   officials   applied
inappropriate standards in  effecting  the  applicant’s  discharge,
that pertinent regulations were violated or that the applicant  was
not afforded all the rights  to  which  entitled  at  the  time  of
discharge.  Therefore, we do not believe favorable consideration of
the applicant’s stated requests would be appropriate on  the  basis
of the evidence provided.  Nevertheless, in view of the  fact  that
the applicant was diagnosed  as  having  an  “adjustment  disorder”
rather than a “personality disorder” as reflected in the  narrative
reason for separation, we believe some form of relief is warranted.
 Based on careful consideration of  the  circumstances  surrounding
the applicant’s discharge, we believe it would be an injustice  for
him to continue to suffer the  adverse  effects  of  the  narrative
reason for discharge.  Therefore, we agree with the  recommendation
of the BCMR Medical Consultant (Exhibit  C)  that  the  reason  for
separation should be amended to reflect the correct diagnosis  that
was made in this case.  However, since the governing directives  do
not provide for a narrative reason  of  “adjustment  disorder,”  we
recommend that the reason for separation be changed to “Secretarial
Authority,” with a corresponding separation code of “KFF.”

4.  Applicant’s  request  that  his  uncharacterized  entry   level
separation be changed to an  honorable  discharge  is  duly  noted.
However, airmen are considered to  be  in  an  entry  level  status
during the first l80 days of continuous active duty.  If  discharge
action is initiated during this time, as in the  applicant’s  case,
the separation is described as an entry level separation.  Based on
the foregoing, and in the absence of evidence to the  contrary,  we
find no basis upon which  to  recommend  favorable  action  on  the
applicant’s request to change his  entry  level  separation  to  an
honorable discharge.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show  that  on  12  November
1996,  he  received  an  entry  level  separation  by   reason   of
“Secretarial Authority,” with Separation Program  Designator  (SPD)
Code KFF.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 2 November 1999, under the provisions  of  AFI
36-2603:


      Mr. Douglas J. Heady, Panel Chair
      Mr. Clarence D. Long III, Member
      Ms. Marcia J. Bachman, Member

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

     Exhibit A.  DD Form 149, dated 30 Dec 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Apr 99.
     Exhibit D.  Letter, AFPC/DPPRS, dated 9 Jul 99.
     Exhibit E.  Letter, SAF/MIBR, dated 2 Aug 99.




                                   DOUGLAS J. HEADY
                                   Panel Chair

INDEX CODE:  110.02

AFBCMR 98-03070




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 on 12
November 1996, he was discharged by reason of “Secretarial
Authority,” with Separation Program Designator (SPD) Code KFF.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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