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AF | BCMR | CY2000 | 0001423
Original file (0001423.doc) Auto-classification: Approved

                            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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