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AF | BCMR | CY2001 | 0101465
Original file (0101465.doc) Auto-classification: Approved


                            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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