RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-02986
            INDEX CODE:  110.00

            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general discharge be changed  to  honorable  and  the  reason  for
separation  be  changed  to   a   medical   discharge   with   service
characterized as honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In May of 1997, a doctor at  Walter  Reed  Hospital  agreed  that  she
should have a medical discharge.  Later, she  went  back  on  duty  at
McGuire AFB, New Jersey, where she was scheduled to work with a doctor
at  the  dental  clinic  and  this   doctor   began   to   treat   her
inappropriately.  He threw an articulator paper  handle  at  her  left
hand instead of handing it to her.  The doctor said she threw handfuls
of instruments into the hallway which was untrue.   He  made  up  this
story and she received an Article 15.  She was proud to have served in
the Air Force and her performance reports  were  always  evaluated  as
excellent.  She is in the process of becoming a United States  citizen
and would like to pursue her education under the G.I. Bill.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  20 Apr  95  for  a
period of four years in the grade of airman.

Applicant received one  Enlisted  Performance  Report  (EPR)  for  the
period 20 Apr 95 through 19 Dec 96 with an overall rating of 4.

On 19 May 97, applicant was  advised  of  her  commander’s  intent  to
impose nonjudicial punishment upon her under Article 15, Uniform  Code
of Military Justice (UCMJ), for her alleged misconduct in violation of
Article 134 for the following offense:  at or near McGuire AFB, on  or
about 29 Apr 97, being disorderly in that  she  engaged  in  a  verbal
tirade and threw a handful of dental instruments out a  doorway.   She
initialed  the  Record  of  Nonjudicial  Punishment  Proceedings  form
indicating that she consulted a lawyer; that she waived her right to a
court-martial and accepted nonjudicial  punishment  proceedings  under
Article 15, UCMJ; that she requested to  make  a  personal  appearance
before the commander; that she did not desire that it be public;  and,
that she attached a written presentation.  For the foregoing  offense,
she was reduced from the grade of airman first class to the  grade  of
airman, which was suspended until 15 Dec 97, after which it  would  be
remitted without further action, unless sooner vacated, and 14 days of
extra duty.  Applicant did not appeal the punishment.

On 25 Jul 97, applicant’s commander initiated administrative discharge
action  against  her  under  AFI  36-3208,  paragraph  5.11.l,  Mental
Disorders and paragraph 5.49,  Minor  Disciplinary  Infractions.   The
commander recommended applicant be separated from the Air Force with a
general  discharge  without  probation   and   rehabilitation   (P&R).
Applicant waived her right to consult with  military  defense  counsel
and waived her right to submit statements for consideration.

On 4 Aug 97, applicant’s medical records were  reviewed  according  to
AFI  48-123  and  it  was  determined  that  an  occupational   health
examination was not required for separation or retirement.

On 5 Aug 97, a legal review regarding administrative discharge of  the
applicant was presented for action.  A preponderance of  the  evidence
established that  the  applicant  committed  the  following  acts  and
received the following disciplinary actions during her current term of
service:

            On 23 May 96, disobeyed lawful order as  to  sew  required
stripes onto her uniform.  She received a Letter of Counseling  (LOC),
dated 7 Jun 96.

            On 14 Nov 96, disobeyed lawful order not to read  her  EPR
prior to being processed by  Military  Personnel  Flight  (MPF).   She
received a LOC, dated 5 Dec 96.

            On 10 Apr 97, misuse and  damage  of  government  property
(vehicle).  She received a Letter of Reprimand (LOR), dated 21 Apr 97.

            On 29 Apr 97, disorderly conduct; threw handfuls of dental
instructions out a doorway and engaged in  verbal  tirade.   For  this
offense, she received an Article 15 on 16 Jun 97.

In addition,  as  a  result  of  a  commander-directed  mental  health
evaluation, the  applicant  was  diagnosed  as  having  a  personality
disorder,  severe  enough  to  significantly  impair  her  ability  to
function effectively in the military environment.  Separation from the
military was recommended.  The discharge  package  was  found  legally
sufficient to support discharge under AFI 36-3208,  paragraphs  5.11.1
and 5.49, with the latter being the primary reason for discharge.  The
Deputy Chief, Military Justice, recommended the applicant be separated
from the Air Force with a general discharge without an  offer  of  P&R
using  Minor  Disciplinary  Infractions  as  the  primary  reason  for
discharge.    The   Staff   Judge   Advocate   concurred   with    the
recommendation.

On 7 Aug 97, the commander directed that the applicant  be  discharged
from the Air Force under the provisions of AFI 36-3208, paragraph 5.49
with a general discharge.  The commander determined that P&R  was  not
appropriate in applicant’s case.

On 12 Aug 97, applicant signed AF Form 100 (Request and  Authorization
For Separation) that she was being discharged,  effective  15 Aug  97,
with a general (under honorable conditions) discharge.

On 15 Aug 97, the applicant was discharged under the provisions of AFI
36-3208 (Misconduct)  with  a  General,  Under  Honorable  Conditions,
discharge in the grade of airman first class.  She was credited with 2
years, 3 months, and 26 days of active service.

Documentation provided by the applicant indicates that on  27 Feb  98,
the Department of Veterans  Affairs  (DVA)  made  a  decision  on  her
compensation claim and found her adjustment  disorder  with  depressed
mood 10% disabling and Graves disease 10%  disabling  for  a  combined
service connection evaluation of 20%, effective  16 Aug  97,  the  day
after her separation from the Air Force.

The relevant facts pertaining to  applicant’s  medical  condition  are
discussed by the BCMR Medical Consultant.

_________________________________________________________________

AIR FORCE EVALUATION:

On 1 Apr 98, the Air  Force  Discharge  Review  Board  (AFDRB)  denied
applicant’s requests for upgrade of her discharge to honorable and  to
change the  reason  for  discharge.   The  AFDRB  concluded  that  the
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation and was within the discretion
of the discharge authority and that the applicant  was  provided  full
administrative due process.  The AFDRB further  concluded  that  there
existed no legal or equitable basis for  upgrade  of,  or  change,  of
reason for discharge.

A complete copy of the AFDRB Brief is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the AFDRB Brief was forwarded to applicant on 1 May  98  for
review and response.  Applicant provided additional  documentation  in
support of her appeal (see Exhibit E).

_________________________________________________________________


ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this  application  and  indicated
that records show that the applicant was successfully treated for  her
hyperthyroid condition and was placed  on  replacement  therapy  after
ablation of the gland, treatment that is normal for this problem,  and
which did not  warrant  consideration  in  the  disability  evaluation
system.  She has been evaluated by the DVA which has awarded  her  10%
disability for the condition based on her continuing need for  thyroid
hormone replacement.  The DVA has also awarded her 10% disability  for
a diagnosed adjustment disorder with depressed mood, a condition  that
is not considered psychiatrically unfitting  for  military  duty,  but
which  may  lead  to  administrative  actions  if  behavior  is  found
incompatible  with  continued  military   service.    The   Consultant
indicated that the applicant had no medical conditions that would have
warranted consideration in the military disability  evaluation  system
and her application for a medical separation is therefore unjustified.
 No change in the records is warranted and the application  should  be
denied.

A complete copy of the additional Air Force evaluation is attached  at
Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of  the  additional  Air  Force  evaluation  was  forwarded  to
applicant on 13 Aug 98 for review and response.  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.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  We noted that the AFDRB
denied applicant’s request for upgrade of discharge to  honorable  and
change of reason for discharge in 1998 concluding that  the  discharge
was consistent with the procedural and substantive requirements of the
discharge regulation and was within the discretion  of  the  discharge
authority.  The AFDRB also concluded that the applicant  was  provided
full administrative due process and that  there  exists  no  legal  or
equitable basis for upgrade of or change of reason for  discharge.   A
majority of the Board  agrees  with  the  above  findings.   The  fact
remains that the applicant engaged in serious misconduct while she was
in the Air Force.  This is not honorable service.  We  note  the  BCMR
Medical  Consultant  indicated  that  the  applicant  has  no  medical
conditions that would have warranted  consideration  in  the  military
disability  evaluation  system.   The  majority   finds   insufficient
evidence that applicant was unable to perform her  duties;  therefore,
she has  not  overcome  the  presumption  of  fitness.   Therefore,  a
majority of the Board concludes that the Air Force acted appropriately
and denies this request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 23 February 1999, under  the  provisions  of  Air
Force Instruction 36-2603:

                  Mr. Benedict A. Kausal, IV, Panel Chair
                  Ms. Melinda J. Loftin, Member
                  Dr. Gerald B. Kauvar, Member
                Mrs. Joyce Earley, Examiner (without vote)

By a majority vote, the Board recommended denial of  the  application.
Dr. Kauvar voted to grant the relief  sought  but  does  not  wish  to
submit a minority report.   The  following  documentary  evidence  was
considered:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 30 Sep 97, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  AFDRB Brief, dated 1 Apr 98.
     Exhibit D.  Letter, AFBCMR, dated 1 May 98.
     Exhibit E.  Letter, General Dentist, dated 14 May 98,
                   w/atch.
     Exhibit F.  Letter, BCMR Medical Consultant, dated 7 Aug 98.
     Exhibit G.  Letter, AFBCMR, dated 13 Aug 98.



                                   BENEDICT A. KAUSAL, IV
                                   Panel Chair