RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01423
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized, entry-level separation be changed to reflect that he
was honorably discharged for Convenience of the Government.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His ability to serve was impaired because of marital and child care
problems. His 2-month old son was born with a kidney disease. He
requested emergency leave which was turned down. He then asked for a
hardship discharge. His son has since passed away and he is now ready to
start his career again.
In support of his request, he submitted a personal statement, a Certificate
of Special Congressional Recognition and an American Legion Good
Citizenship Citation. His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force in the grade of airman
basic (E-1) on 8 Sep 94. On 2 Mar 95, while enrolled in technical
training, applicant was notified by his commander that in accordance with
AFPD 36-32 and AFI 36-3208, paragraph 5.11.1, he was recommending that
applicant be discharged from the Air Force. The specific reason for the
commander's action was that on or about 6 Feb 95 applicant was diagnosed by
a psychiatrist as having an adjustment disorder with depressed mood, which
was so severe that his ability to function in a military environment was
significantly impaired.
The applicant was advised of his rights in this matter. The applicant
acknowledged receipt of the notification on that same date and the
commander initiated discharge proceedings against the applicant on 7 Mar
95. After consulting counsel, the applicant waived his right to submit
statements on his own behalf.
In a legal review of the discharge case file, the wing staff judge
advocate, found it legally sufficient and recommended that the applicant be
discharged from the Air Force with an entry-level separation. On 14 Mar
95, the discharge authority directed that the applicant be discharged from
the Air Force with an entry-level separation without probation and
rehabilitation. Accordingly, applicant was discharged on 14 Mar 95 by
reason of “Personality Disorder” with a Reenlistment Eligibility (RE) code
of “2C”. He had served 6 months, and 7 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant reviewed applicant's request and recommends
granting partial relief. The Medical Consultant states that the applicant
was married to a 15-year old who delivered a premature infant. The
magnitude of these problems were too much for him to deal with while
remaining in the military. Applicant was properly consulted, evaluated,
and a diagnosis by competent medical personnel was made. However, an
administrative error occurred in the wording of the Narrative Reason for
Discharge on applicant's DD Form 214, which reflects "Personality
Disorder," a diagnosis that was never made and which, therefore, should not
appear in his records. Item 28 of his DD Form 214 should be changed to
read "Secretarial Authority" and the corresponding Separation Program
Designator Code should be changed to reflect "JFF." The Medical Consultant
further recommends that the Reenlistment Eligibility (RE) code be changed
to reflect "3K" which would allow applicant to further serve with a waiver
if he is otherwise qualified (see Exhibit C).
The Separations Branch, AFPC/DPPRS, reviewed applicant's request and
concurs with the Medical Consultant's recommendation. DPPRS does not
recommend a change in his characterization of service since the
notification of proposed discharge was given within the 180-day limit for
entry-level separation (see Exhibit D).
The Chief, Special Activities, AFPC/DPPAES, reviewed applicant's request
and states that RE code "2C" is correct (see Exhibit E).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded and states that he is requesting that his RE code be
changed so that he may enlist in the U.S. Navy.
In further support of his requests, applicant provided a letter from his
Navy recruiter. His complete submission is at Exhibit G.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After careful consideration of
the circumstances surrounding the applicant’s discharge, we agree with the
recommendation of the BCMR Medical Consultant that the applicant’s reason
for discharge was improperly labeled and should be corrected. We believe
it would be an injustice for him to continue to suffer the adverse effects
of such label. Furthermore, we find it appropriate that he be afforded the
opportunity to apply for a waiver to enlist in the armed services and allow
him the opportunity to further serve his country. Whether or not he is
successful will depend on the needs of the services and our recommendation
in no way guarantees that he will be allowed to return to any branch of
service. Accordingly, we recommend that the applicant’s records be
corrected as indicated below. Applicant’s request for an honorable
discharge was also considered, however, since the discharge action was
initiated within the 180-day limit for entry-level separation we find no
reason to change the characterization of his service to honorable.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 14 March 1995, he was separated
under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority)
with a separation code of JFF and a reenlistment eligibility code of 3K.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 7 Feb 01, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Philip Sheuerman, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Aug 00, w/Atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 1 Sep 00.
Exhibit D. Letter, AFPC/DPPRS, dated 27 Sep 00.
Exhibit E. Letter, AFPC/DPPAES, dated 5 Oct 00.
Exhibit F. Letter, SAF/MIBR, dated 30 Nov 00.
Exhibit G. Letter, Applicant, w/Atch.
VAUGHN E. SCHLUNZ
Panel Chair
AFBCMR 00-01423
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 14 March 1995,
he was separated under the provisions of AFI 36-3208, paragraph 1.2
(Secretarial Authority) with a separation code of JFF and a reenlistment
eligibility code of 3K.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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