RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01465
INDEX CODE: 110.00; 110.02
XXXXXXXXXXXXXXX COUNSEL: NONE
XXX-XX-XXXX HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for his discharge, “Unsuitable-Personality
Disorder-Board Waiver,” be removed from his DD Form 214,
Certificate of Release or Discharge from Active Duty; and that his
participation in the disarming of a gunman at the “Natchitoches
Christmas Light Festival” be acknowledged.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged because of a belief that he had a personality
disorder, when he disarmed a gunman who shot another man in a
public festival in Natchitoches, LA. He believes he was in shock
over the incident. He should have been honored, not kicked out,
for what he was educated and trained to do. He has been diagnosed
with post-traumatic stress disorder (PTSD), as his Department of
Veteran Affairs (VA) records show.
The application, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant entered on active duty on 8 June 1977. He was
honorably discharged on 6 June 1980, under the provisions of AFM 39-
12 (Unsuitable-Personality Disorder-Board Waiver). He had
completed 2 years, 11 months and 29 days on active duty and was
serving in the grade of E-4. He received an RE Code of 2C
(Separated under AFM 39-12).
The remaining relevant facts pertaining to this application,
extracted from the applicant’s military records, are contained in
the letters prepared by the appropriate offices of the Air Force at
Exhibits C, D, and E.
___________________________________________________________________
AIR FORCE EVALUATIONS:
The BCMR Medical Consultant stated that the only mental health
entry found in the available records is a commander-directed
evaluation, which was conducted on one day by a social worker who
noted that the applicant refused to undergo psychological testing
and who made the diagnosis of paranoid personality disorder. The
diagnosis must be considered suspect for validity considering the
circumstances under which it was established. It may have had its
basis in evidence that the records fail to reveal, but the few
minor disciplinary infractions committed by the applicant do not
substantiate such a diagnosis. Personality disorders are life-long
conditions that can be diagnosed only after a considerable period
of observation and which are frequently manifest in multiple
situations over an extended period of time. Therefore, the DD Form
214 should be corrected in Item 28 (Narrative Reason for
Separation) to read “Secretarial Authority”; and Item 27
(Reenlistment Code) should be corrected to read “3K.”
As to the claim of PTSD, the applicant has failed to provide
convincing evidence that he was involved in the incident to the
degree he claims, and, lacking such evidence, the BMCR Medical
Consultant was not inclined to acknowledge this claim.
The complete evaluation is at Exhibit C.
HQ AFPC/DPPRS concurred with the AFBCMR Medical Consultant’s
recommendation to correct the injustice of improperly labeling the
applicant’s disorder. They recommended changing his separation
code and narrative reason for separation to “KFF - Secretarial
Authority.”
This evaluation is at Exhibit D.
HQ AFPC/DPPAE stated that, based on the review of the BCMR Medical
Consultant, RE code 2C is incorrect and should be changed to “3K,”
Reserved for use by HQ AFPC or the AFBCMR when no other RE code
applies or is appropriate.
This evaluation, with attachment, is at Exhibit E.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the evaluations were forwarded to the applicant on
9 November 2001, for review and response within 30 days
(Exhibit F). As of this date, he has not responded.
___________________________________________________________________
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 in regards to the
applicant being diagnosed with Personality Disorder. A majority of
the Board agrees with the determination made by the BCMR Medical
Consultant that the diagnosis must be considered suspect for
validity considering the circumstances under which it was
established. In order to remove any doubt of an injustice, the
majority of the Board recommends that the reason for applicant’s
separation be changed to “Directed by the Secretary of the Air
Force” with a corresponding separation code of “JFF.”
4. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting a
change in the RE code issued at the time of applicant’s separation
or to acknowledge his participation in disarming a gunman.
Applicant received a RE code of “2C” which corresponds with his
receiving an honorable discharge from the Air Force. Therefore, we
do not believe that the applicant has substantiated that the RE
code in question is either in error or unjust. In regards to
applicant’s request pertaining to the incident at the Christmas
Light Festival, he again has failed to provide sufficient evidence
to show his involvement. In view of the above findings, we find no
basis upon which to recommend favorable action on this portion of
his appeal.
5. 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 6 June 1980,
she was discharged under the provisions of AFI 39-10 by reason of
“Secretarial Authority,” with separation code “JFF.”
_______________________________________________________________
The following members of the Board considered Docket Number 01-
01465 in Executive Session on 31 Jan 01, under the provisions of
AFI 36-2603:
Mr. Philip Sheuerman, Panel Chair
Mr. Christopher Carey, Member
Mr. James W. Russell, III, Member
A majority of the Board voted to correct the records, as
recommended. Mr. Sheuerman voted to deny the applicant’s requests
in their entirety. He chose not to submit a minority report. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jun 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
Dated 4 Sep 01.
Exhibit D. Memorandum, AFPC/DPPRS, dated 19 Oct 01.
Exhibit E. Memorandum, AFPC/DPPAE, dated 31 Oct 01.
Exhibit F. Letter, SAF/MIBR, dated 9 Nov 01.
PHILIP SHEUERMAN
Panel Chair
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