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AF | BCMR | CY2002 | 0102152
Original file (0102152.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  01-02152
                                        INDEX CODE 108.01  100.06
                                        COUNSEL: Tom Affeldt

                                        HEARING DESIRED: Yes


_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1987 administrative discharge be changed to  a  medical  discharge
and  the  narrative  reason  for  discharge  and  separation   program
designator (SPD) and reenlistment eligibility (RE)  codes  be  changed
accordingly.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His medical condition was the underlying reason for his discharge  and
the SPD and RE codes do not match. He believes his Airman  Performance
Reports (APRs) were missing when his case was reviewed.   His  medical
records at that time should have been used in the determination of his
discharge. The two letters from the Chief of  Mental  Health  at  that
time do not reflect what he and his staff wrote in the medical records
the previous two weeks.

The applicant's complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  1  Dec  75.  He
reenlisted on 31 Jan 86. During the period in question, he was a staff
sergeant  assigned  to  the  48th  Transportation  Squadron   at   RAF
Lakenheath, England, as the NCOIC, Base Maintenance.

Medical entries reflect that the applicant visited the Nellis AFB, NV,
Mental Health Clinic for marital and family problems from Mar  to  Jun
85.

On 31 Jul 87, the applicant received a Letter of Reprimand  (LOR)  for
failure to report to duty on 30 Jul 87 as stated in a branch operating
instruction. The LOR indicated that this was a recurring problem  and,
based on his supervisor's support, he was receiving  this  LOR  rather
than an Article 15.

On 15 Oct 87, he received an Article 15  for  failing  to  go  to  his
appointed place of duty at the time prescribed on or about 13 Oct  87.
The applicant made a personal appearance but did  not  submit  written
materials.  He was punished with a suspended  reduction  in  grade  to
sergeant until 14 Apr 88 and restricted to the base for 45 days.   The
applicant did not appeal.

On 15 Oct 87, he was referred and admitted  to  the  Inpatient  Mental
Health Ward at Lakenheath due to  depressive  behavior  following  his
receipt of the Article 15. He was discharged from the hospital  on  20
Oct 87.  A 21 Oct 87 memo from Mental Health Services to his commander
recommended he be  returned  to  duty  with  follow-up  group  therapy
sessions on a weekly basis.  The memo indicated that the applicant had
been subjected to some severe stressors  during  the  past  two  years
[divorce, family and financial problems, insomnia] which overtaxed his
adaptive capabilities, and his underlying  personality  structure  was
such that further stressors could continue to overtax  his  abilities.
The  diagnoses  were  Adjustment  Disorder  with  Depressed  Mood,  in
resolution, and Mixed Personality Disorder with Dependent and  Passive
Aggressive Features.

On 29 Oct 87, the applicant was again late for work.

A 5 Nov 87 Mental Health Evaluation to  the  commander  diagnosed  the
applicant as having Mixed  Personality  Disorder  with  Dependent  and
Passive Aggressive Features. The memo advised that the  applicant  was
unable to sufficiently modify his habitual patterns of behavior  which
interfered  with  adequate  adjustment  and  caused  conflict  in  the
environment. Further, he was  clearly  exhibiting  a  failure  of  his
present defenses to cope, resulting in anxiety which  was  intolerable
and, without intervention, would result in acting  out  behavior.  The
memo indicated the applicant was unsuited for continued service in the
Air Force and that his condition did not warrant  disposition  through
military medical channels.

On 16 Nov 87, the applicant was notified of the commander's intent  to
recommend an honorable discharge for Conditions  that  Interfere  with
Military Service.  The commander cited the mental  health  evaluation.
The applicant waived his right to a hearing before  an  administrative
discharge board.

On 16 Nov 87,  the  commander  forwarded  his  recommendation  to  the
discharge authority.  The  recommendation  letter  noted  the  overall
ratings of the applicant's APRs and they were listed as attachments to
the letter.  The overall ratings of his performance reports from 1 Dec
75 to 15 Nov 87 are: 9, 8, 5, 7, 8, 8, 9, 9, 9, 7, 8, 9, 9, 9,  9,  5.
The last APR  (17  May  87-15  Nov  87)  did  not  recommend  him  for
retention.

On 2 Dec 87, the case was found legally sufficient.  On 3 Dec 87,  the
discharge  authority  directed  the  applicant's  honorable  discharge
without probation and rehabilitation.

The applicant was involuntarily honorably discharged on 18 Dec  87  in
the grade of staff sergeant with  12  years  and  18  days  of  active
service. He was issued an SPD code of "HFX" (Conditions that Interfere
with Military Service-Not Character or Behavior Disorder)  and  an  RE
code of "2C" (Involuntarily separated with an honorable discharge).

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant noted that since a personality  disorder
was not a disability, per se, handling in  the  disability  evaluation
system (DES) was not  indicated  or  initiated,  and  the  applicant's
honorable  characterization  of  service  was  appropriate   for   the
separation reason.  The  main  discrepancy  found  in  the  coding  in
question lies in the narrative reason for discharge [SPD  code  "HFX"]
which clearly should not state this was "not (a) character or behavior
disorder. The SPD code "HFV" (Conditions that Interfere with  Military
Service, Not a Disability) would appear to be better indicated as  the
applicant did have a character or behavior disorder that  was  not  an
unfitting, disabling condition for military service. The  RE  code  is
proper as it reflects his involuntary  separation.   The  records  are
clear in detailing the lack of  any  unfitting  psychiatric  diagnosis
that might have been used for processing  through  the  DES.   Lacking
such a diagnosis, the applicant was not  eligible  then,  and  remains
ineligible now,  for  a  compensated  medical  disability  separation.
Through the years since discharge, the  DVA  has  diagnosed  him  with
dysthymia, a mood disorder, but has found  it  not  service-connected,
and non-compensable.  While the applicant's stated request  should  be
denied,  the  SPD  code  should  be  changed  to   "HFV,"   with   the
corresponding narrative reason.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD agreed with the Medical Consultant's recommendation  that
the applicant's DD Form 214 more accurately identify  his  involuntary
administrative discharge in blocks 26 and 28. Following an  assessment
of his records, DPPD concludes he was reasonably capable of performing
his  assigned  military  duties  right  up  until  the  time  of   his
involuntary discharge.  The applicant has not submitted  any  material
or documentation to show he was unfit under the provisions of  Chapter
61, Title 10, USC, at  the  time  of  his  involuntary  administrative
discharge. DPPD recommends the requested relief be denied.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was tormented by his ex-wife, had trouble eating and sleeping,  and
did not get the help he needed.  His only non-performance was  not  to
wake up and get to work on time.  He could not overcome  this  problem
no matter how hard he tried.  He asks how could he serve 12 years with
distinction if he suffers from  this  mental  disorder.  He  does  not
suffer  from  mixed  personality  disorder   with   passive-aggressive
features.  He had a medical problem of  some  kind,  what  he  doesn't
know, but he did not get the help needed to save his  career.  He  has
been cheated out of a military retirement and his career choices  have
been lessened by this untrue and unfounded stigma assigned to him.

A complete copy of  applicant’s  response,  with  attachments,  is  at
Exhibit F.

_________________________________________________________________

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  to  warrant  partial
relief. Medical records reveal the applicant was treated  for  various
medical conditions throughout his military career, but none apparently
severe enough to require disability processing.  The applicant has not
demonstrated he had an unfitting condition eligible for a  compensated
medical disability separation  or  retirement.   However,  the  AFBCMR
Medical  Consultant  makes  a  cogent  recommendation  to  amend   the
applicant's narrative reason for separation and corresponding SPD code
from "HFX" to "HFV." In this regard, the "HFV"  code  better  reflects
the applicant's situation, i.e.,  a  condition  that  interfered  with
military service but was not unfitting or disabling.   Further,  since
the applicant was honorably but involuntarily discharged,  it  appears
the RE code of "2C" is correct,  consistent  with  the  discharge  and
should remain  unchanged.  Therefore,  we  recommend  the  applicant's
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  he  was  honorably
discharged on 18 Dec 87 for Conditions that  Interfere  with  Military
Service, Not  a  Disability,  and  was  issued  a  separation  program
designator code of "HFV," rather than "HFX."
_________________________________________________________________

The following members of the Board considered this application, AFBCMR
No. 01-02152, in Executive Session  on  20  February  2002  under  the
provisions of AFI 36-2603:

                  Mr. Roscoe Hinton Jr., Panel Chair
                  Ms. Rita J. Maldonado, Member
                  Mrs. Carolyn J. Watkins, Member

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

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 7 Nov 01.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 10 Dec 01.
   Exhibit E.  Letters, SAF/MRBR, dated 14 Dec 01.
   Exhibit F.  Letter, Applicant, dated 30 Dec 01, w/atchs.



                                   ROSCOE HINTON JR.
                                   Panel Chair




AFBCMR 01-02152




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 he was honorably
discharged on 18 December 1987 for Conditions that Interfere with
Military Service, Not a Disability, and was issued a separation
program designator code of "HFV," rather than "HFX."





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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