RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-00517
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed from Character and
Behavior Disorder to Secretarial Authority, with a corresponding
separation program designator (SPD) code.
His reenlistment eligibility (RE) code of 2K be changed to 1.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His actions were inappropriate. Separation from the Air Force at that
time was the proper recommendation. However, to be ineligible for
reenlistment and labeled with a “severe” disorder was too harsh a
punishment for the immaturity of an eighteen year old. During his
evaluation, he stated that he did not like his job as a security
policeman. The pressure of that particular military position combined
with his immaturity and an inability to understand the break-up of a
romantic relationship, resulted in his crisis. To say “this
adjustment reaction is due to his inability to adapt to military life”
is inaccurate. His leadership positions during basic training and
technical school negate the diagnosis that “the member’s inability to
function in the military environment is significantly impaired.”
Over the years, he has continued to be elected and accepted into
leadership positions. His career has been an anchor of stability.
The last ten years he has been working for the United States Postal
Service as a letter carrier. In 1995, he enrolled at Montclair State
University and had a 3.5 grade point average (GPA) before transferring
to Seton Hall University in 1997. A law degree is his final
objective.
He disagrees with the military prognosis for his future in a military
environment. He has accepted responsibility for his actions as a
teenager. His post-service accomplishments in career, education, and
volunteer service are evidence that he has outgrown his youth and
immaturity.
In support of his appeal, the applicant provided a personal statement
and several supportive statements.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 5 Dec 86 for a
period of 4 years in the grade of airman basic. He received one
Airman Performance Report, in which the overall evaluation was 7.
On 21 May 87, the applicant was seen for a squadron directed mental
health evaluation as a result of two violent outbursts at the
squadron. Also, it was noted that, on 16 May 87, he was seen for
making statements of suicidal intentions in the Emergency Room. The
crisis was precipitated by the break-up of a relationship with his
girlfriend. The applicant was diagnosed as having an adjustment
disorder with disturbance of conduct. The evaluator indicated that
the adjustment problems the applicant was experiencing definitely
interfered with his duty performance and conduct and was considered so
severe that the his ability to function in the military environment
was significantly impaired. A recommendation was made that the
applicant be considered for administrative separation from the Air
Force.
On 25 Jun 87, the applicant’s commander notified him that he was
recommending that the applicant be discharged for conditions that
interfere with military service, specifically, character and behavior
disorders. The applicant was advised of his rights in the matter and
that an honorable discharge would be recommended.
On 6 Jul 87, the Office of the Staff Judge Advocate found the
discharge case file to be legally sufficient and recommended that the
applicant be discharged with an honorable discharge, without the
opportunity for probation and rehabilitation.
On 9 Jul 87, the discharge authority approved the discharge action and
directed that the applicant be furnished an honorable discharge
without the opportunity for probation and rehabilitation.
On 13 Jul 87, the applicant was discharged under the provisions of AFR
39-10 (Conditions That Interfere With Military Service - Not
Disability - Character and Behavior Disorder) with an honorable
discharge. He was assigned an RE code of 2K and a separation code of
JFX. He had served 7 months and 9 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant reviewed this application and recommended
denial. The Medical Consultant noted that since his discharge, the
applicant has done well in the civilian sector, maintaining stable
employment for 10 years and assuming responsible positions of
leadership in his union activities. The Medical Consultant also noted
that the applicant provided a letter from his treating psychiatrist
who indicated that the applicant had been under his care since Nov 94.
The Medical Consultant indicated that, while the applicant should be
commended on his many accomplishments in his post-service years, the
fact remains that the applicant’s discharge was prompted by his
failure to adapt to the rigors of military life, which, by definition,
amounted to having a valid diagnosis of adjustment disorder.
According to the Medical Consultant, it would be improper as well as
unethical to simply remove this valid diagnosis from his records. The
applicant’s continuing requirement for outpatient psychiatric
counseling underscores an ongoing difficulty dealing with life
circumstances, and it would likely not be beneficial to allow him to
return to a military setting with its unique stresses.
A complete copy of the Medical Consultant’s evaluation is at Exhibit
C.
The Programs and Procedures Branch, AFPC/DPPRS, reviewed this
application and recommended denial. According to DPPRS, there were no
errors or irregularities causing an injustice to the applicant. The
discharge complied with the appropriate directives in effect at the
time of his discharge. The applicant did not identify any specific
errors in the discharge processing nor provided facts which warranted
a change in his reason for separation or RE and separation codes.
A complete copy of the DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant on 3
Aug 98 for review and response. As of this date, no response has been
received by this office (Exhibit E).
_________________________________________________________________
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 probable error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case.
However, we find it insufficient to override the rationale provided by
the Air Force offices of primary responsibility (OPRs). The evidence
of record reflects that the applicant was honorably discharged for a
character and behavior disorder. After reviewing the facts and
circumstances of this case, we find no evidence that the applicant’s
substantial rights were violated, that the information used as a basis
for his separation was erroneous, or that his superiors abused their
discretionary authority. In view of the above, and in the absence of
evidence to the contrary, we adopt the Air Force rationale and
conclude that no basis exists upon which to recommend granting the
relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 28 Jan 99, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. Kenneth L. Reinertson, Member
Mr. Henry Romo, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 May 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated
4 Jun 98.
Exhibit D. Letter, AFPC/DPPRS, dated 16 Jul 98.
Exhibit E. Letter, SAF/MIBR, dated 3 Aug 98.
BARBARA A. WESTGATE
Panel Chair
Separation from the Air Force at that time was the proper recommendation. A complete copy of the DPPRS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 3 Aug 98 for review and response. The evidence of record reflects that the applicant was honorably discharged for a character and behavior disorder.
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