RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02032
                             INDEX CODE:  110.00

                             COUNSEL: NONE

                             HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge  be  changed  to   a
disability discharge.

An  amendment  to  applicant’s   original   request:    He   also   requests
reinstatement to the highest rank held in the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have  received  an  honorable  discharge  for  medical  disability
because of his medical condition.

In support of his request, he submits letters from Dr.  Marvasti,  dated  28
March 2000; Dr. Follett, dated 28 September  1999;  Dr. McKenzie,  dated  31
January 2000; and other documentation.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 20 March 1996  in  the  grade
of airman basic for a period of four (4) years.

Applicant’s medical records indicate the following:

      Applicant’s pre-enlistment medical examination, dated 2 November  1995
substantiates the absence of any preexisting mental conditions.

      In May 1996,  the  applicant’s  girl  friend  died  in  an  automobile
accident.

      According to medical records, applicant’s depression was  intermittent
since August 1996.

      On 9 September 1996, applicant stated in a medical care  questionnaire
that he has had thoughts of harming himself or others.  His explanation  was
because of personality conflicts.

      On 15 April 1997, a mental health narrative  report  states  that  the
applicant has experienced the following stressful events and  circumstances:
 change in financial state, change to different line of work, and  death  of
his partner.

      On 6 May 1997, The Report  of  Medical  History  shows  indication  of
depression and that the applicant was taking an anti-depressant medication.

      Records also indicate a family history of psychosis.  The  applicant’s
brother has been treated for mental illness,  bipolar  disorder,  depression
and anti-social behavior.

On  5  May  1997,  applicant’s  commander  notified  him  that   involuntary
discharge action had  been  initiated  against  him  for  misconduct  (minor
disciplinary infractions.)

Before  recommending  this  discharge,  numerous  disciplinary  actions  and
rehabilitative steps were taken to allow applicant to improve  his  conduct.
Despite these rehabilitative efforts he consistently failed to  comply  with
established standards upheld by his peers.

The commander stated  that  in  his  professional  judgment,  applicant  was
afforded ample opportunities to rehabilitate,  but  neglected  to  heed  the
recommendations of his supervisors.   In  spite  of  numerous  and  generous
attempts to help him correct his shortcomings, the applicant’s  conduct  did
not appreciably change.  The commander did not believe that the  applicant’s
continued presence  in  the  Air  Force  was  in  the  best  interest.   His
continued presence among the rank and file was detrimental  to  the  efforts
of maintaining order and proper discipline.

The commander indicated the following  specific  reasons  for  the  proposed
discharge:

      a. Between on or about 6 December  1996  and  on  or  about  7 January
1997, the applicant issued  five  checks  to  an  Army  Air  Force  Exchange
Services (AAFES) location at Fort Hood in the total amount  of  $340.57  and
failed to maintain sufficient funds in his  checking  account  to  pay  such
checks.  He also disclosed that he may have issued another  worthless  check
in the amount of $100.00.  For these  offenses,  he  received  a  Letter  of
Reprimand (LOR), dated 13 February 1997.

      b. On 27 December 1996, the applicant failed to  report  for  duty  at
the  prescribed  time  and  presented  himself  in   a   borrowed   uniform.
Furthermore, on 6 January 1997, he reported 30 minutes late for Bay  Orderly
duty.  For these offenses, he received a Letter of Counseling  (LOC),  dated
6 January 1997.

      c. On 16 January 1997, the applicant failed to meet  the  requirements
outlined in AFI 36-2903, Standards of Dress  and  Appearance.   He  reported
for duty without a clean shave and  his  uniform  did  not  present  a  neat
appearance.  For these offenses, he received an LOR, dated 30 January 1997.

      d. On 28 January 1997, the applicant failed to meet  the  requirements
outlined in AFI 36-2903, Standards of Dress and Appearance.   He  failed  to
report for duty at the prescribed time.  For these offenses, he received  an
LOC, dated 30 January 1997.

      e. On 29 January 1997, the applicant failed to report for duty at  the
prescribed time of 0750.  His supervisor located him in his  dormitory  room
at 0825 asleep.  Also, he fell asleep  during  a  training  seminar  just  a
short time after commencement.  For these  offenses,  he  received  an  LOC,
dated 29 January 1997.

      f. On 10 February 1997, the first sergeant  received  notification  by
DPP Headquarters, that the applicant was 60 days  overdue  on  his  Deferred
Payment Plan (DPP) account.  For this action, he received an LOC,  dated  11
February 1997.

      g. On or about 6 March 1997, without authority, the  applicant  failed
to go at the time prescribed  to  his  appointed  place  of  duty,  to  wit:
Building  2304.   For  this  offense  he  received  nonjudicial   punishment
consisting of reduction to the grade of airman  basic  from  airman  and  10
days extra duty.  Punishment was imposed 27 March  1997.   This  action  was
entered into his Unfavorable Information (UIF).

      h. On 25 March 1997, the applicant failed to report for  a  close  air
support evaluation at 0700.  He was instructed to be  at  building  2304  at
0700, however he called at 0725 to inform the NCOIC of A Flight that he  was
unprepared for the evaluation.  He was then to report for duty at 0800.   He
did not report for duty until 0802.  For  these  offenses,  he  received  an
LOR, dated 26 March 1997.  A UIF was established.

The commander advised applicant of his right to consult  legal  counsel,  to
submit statements in his  own  behalf;  or  waive  the  above  rights  after
consulting with counsel.

On 26 March 1997, applicant consulted counsel and submitted a  statement  in
his own behalf.

On 12 June 1997, the discharge authority  approved  the  recommendation  for
discharge for minor disciplinary infractions and directed the  applicant  be
given a general (under honorable conditions) discharge.

Applicant was discharged on 27 June 1997, in the grade of airman basic  with
a general (under honorable conditions) discharge, under  the  provisions  of
AFI 36-3208 (Misconduct)  He served a total of 1 year, 3 months and  8  days
of total active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant, reviewed this application and states  that  the
applicant’s records are clear in showing the applicant  suffered  from  more
than an adjustment  disorder  with  depression,  as  this  lasted  for  many
months.  Although bereavement (loss of his girl friend) can  certainly  lead
to depression, the fact that this persisted well beyond a reasonable  length
of time placed his disorder into the major  depressive  category,  and  this
should have been considered in his discharge process.  The applicant’s  case
should have been presented to a Medical  Evaluation  Board  (MEB)  and  been
referred  to  the  Physical  Evaluation  Board  (PEB)  where  placement   on
Temporary  Retired  Disability  List  (TDRL)  would  have  been  the  likely
outcome.  After an appropriate period of observation, an  evaluation  should
have  been  accomplished  which  would  then  most  likely  have  found  the
applicant  unfit  for  military  duty  secondary  to  his   schizo-affective
disorder, VASRD Code 9211, with definite impairment for military duty  (30%)
minus a pre-existing tendency to these problems of 10% for a rating  of  20%
disability.  He  should  have  received  separation  pay  and  an  honorable
characterization  of  service  because  of  his   psychological   condition.
Considering this case in retrospect and considering the evidence of  record,
he recommends the records be corrected  to  show  the  applicant  was  found
unfit for duty effective June  27,  1997,  with  the  diagnosis  of  Schizo-
affective disorder with a disability rating of 20%, rated under  VASRD  Code
9211.  Appropriate change of discharge should be to honorable,  and  pay  of
disability severance pay appropriate to his highest  grade  held  should  be
made along with restoration of this higher grade.  The  DD  Form  214,  Item
28, et  seq.  should  be  changed  to  reflect  this  corrected  reason  for
discharge and SPD with reenlistment code changed to "4K."

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

The Directorate of Personnel Program Management,  AFPC/DPPD,  also  reviewed
this case and states that a thorough review of this case revealed no  errors
or irregularities that would justify  a  change  to  his  military  records.
They recommend denial of  the  applicant’s  request.   The  member  has  not
submitted any material or documentation to  show  he  was  unfit  due  to  a
physical disability under the provisions of Chapter 61, Title  10,  USC,  at
the time of his involuntary administrative discharge.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinions and states  that  this  request
is not about  monetary  gain.   He  is  already  receiving  100%  disability
compensation from the Veterans Administration (VA) and any  money  he  could
receive from the Air Force if this request  is  granted  would  be  recouped
from his VA disability compensation.  This  request  is  about  setting  the
record straight, correcting an  injustice  and  hopefully  obtaining  secure
ongoing medical care.  His mother takes  care  of  him  because  he  is  not
capable  of  taking  his  medication  on  his  own,  he  has   no   personal
relationships and spends the majority of his time in bed.   Although  he  is
coherent, he lives in a world of delusions and hallucinations.

In addition, if this request is approved in whole or part,  he  requests  it
be amended to include reinstatement of the highest rank he held in  the  Air
Force.

Applicant's complete response, with attachments, is attached at Exhibit F.

_________________________________________________________________

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 error or injustice.  After reviewing the  evidence  of
record, the Board is persuaded that  the  applicant  should  be  permanently
retired for physical disability, in the grade of airman.  In coming to  this
conclusion, we considered, among other things, the comments  from  the  BCMR
Medical Consultant  who  indicates  that  the  applicant  should  have  been
processed through the  Disability  Evaluation  System  (DES)  prior  to  his
discharge.  It appears  that  as  a  result  of  the  sudden  death  of  the
applicant’s girlfriend, he experienced depression that  persisted  beyond  a
reasonable time period which placed his disorder  into  a  major  depressive
category which would have required processing  through  the  DES.   Although
the applicant apparently sought help, he was seen at an  Army  Clinic  where
he was stationed and this information was  not  relayed  to  his  Air  Force
commander.   Understandably,  without  this   information,   his   commander
initiated discharge action against the applicant for misconduct as a  result
of his numerous disciplinary actions that apparently were a  consequence  of
his medical condition.  In the opinion  of  the  Board,  had  the  commander
understood the severity of the applicant’s condition,  he  would  have  been
sent  for  an  evaluation.    Clearly,   the   applicant’s   condition   has
deteriorated since his discharge, to the extent that he is  barely  able  to
care for himself.  At this  late  date,  the  Board  cannot  determine  what
action would  have  occurred  had  the  applicant  been  properly  processed
through the DES, but we do believe an error occurred when the applicant  was
punished for his misconduct and ultimately discharged.   The  comments  from
the Medical Consultant indicate that the applicant had difficulties  in  his
pre-service teen years and that is the  reason  he  recommends  only  a  20%
disability  rating;  however,  we  note  the  comments  from  the  physician
associated with a psychiatric consulting service who examined the  applicant
in January 2000 and found that  the  applicant  “exhibited  no  signs  of  a
psychosis or a major depression  prior  to  entering  the  military.”   This
physician also states that  while  there  is  some  question  pertaining  to
precursors of emotional disorder, there  are  indications  of  higher  level
functioning that are not indicative of “precursors” of  a  serious  disorder
prior to the applicant entering  military  service.   Therefore,  the  Board
believes that considering the totality of the  circumstances  of  this  case
and in view of the progressive nature of this illness, the  benefit  of  the
doubt should be resolved  in  favor  of  the  applicant  and  he  should  be
permanently retired.  Consideration was given to placing  the  applicant  on
the Temporary Disability Retired List (TDRL) and allowing the Air  Force  to
reevaluate him and make a final disposition; however, considering  that  the
DVA has given him a 100% disability rating convinces the Board that  further
evaluation of the applicant’s condition would serve no  useful  purpose  and
that permanent retirement is the fair and equitable  remedy  in  this  case.
Therefore, we recommend his records be corrected  to  the  extent  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

       a.   The  Article  15,  Uniform  Code  of  Military  Justice  (UCMJ),
initiated on 12 March 1997 and imposed on 27 March 1997, be  set  aside  and
expunged from his records and all rights, privileges and property  of  which
he may have been deprived be restored.

      b.  On 26 June 1997, he  was  unfit  to  perform  the  duties  of  his
office, rank, grade or rating by  reason  of  physical  disability  incurred
while entitled to basic pay; that the diagnosis  in  his  case  was  Schizo-
affective disorder; severe; recurring attacks, with intermittent relief,  VA
code 9211, rated at 100%;  that  the  disability  was  permanent;  that  the
disability was not due to intentional misconduct  or  willful  neglect;  and
that the disability  was  not  incurred  during  a  period  of  unauthorized
absence; and that the disability was not received  in  line  of  duty  as  a
direct result of armed conflict.




      c.  He was not  discharged,  with  service  characterized  as  general
(under honorable conditions) on 27 June 1997, under the  provisions  of  AFI
36-3208, but on  28  June  1997,  his  name  was  placed  on  the  Permanent
Disability Retired List in the grade of airman.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 10 January 2001, under the provisions of AFI 36-2603:

            Mr. Teddy L. Houston, Panel Chair
            Mr. Grover L. Dunn, Member
            Ms. Marilyn Thomas, Member

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

   Exhibit A.  DD Form 149, dated 24 Jul 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Aug 00.
   Exhibit D.  Letter AFPC/DPPD, dated 26 Sep 00.
   Exhibit E.  Letter, SAF/MIBR, dated 13 Oct 00.
   Exhibit F.  Letter, Applicant, dated 15 Oct 00, w/atchs.





                 TEDDY L. HOUSTON
                 Panel Chair




AFBCMR 00-02032





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, be corrected to show that:

      a.  The Article 15, Uniform Code of Military Justice (UCMJ),
initiated on 12 March 1997 and imposed on 27 March 1997, be set aside and
expunged from his records and all rights, privileges and property of which
he may have been deprived be restored.

      b.  On 26 June 1997, he was unfit to perform the duties of his
office, rank, grade or rating by reason of physical disability incurred
while entitled to basic pay; that the diagnosis in his case was Schizo-
affective disorder; severe; recurring attacks, with intermittent relief, VA
code 9211, rated at 100%; that the disability was permanent; that the
disability was not due to intentional misconduct or willful neglect; and
that the disability was not incurred during a period of unauthorized
absence; and that the disability was not received in line of duty as a
direct result of armed conflict.

      c.  He was not discharged, with service characterized as general
(under honorable conditions) on 27 June 1997, under the provisions of AFI
36-3208, but on 28 June 1997, his name was placed on the Permanent
Disability Retired List in the grade of airman.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency