RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00044
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His entry-level separation be changed to a medical retirement and
Block 28 on his DD Form 214 be changed from "Personality Disorder" to
"Medical."
_________________________________________________________________
APPLICANT CONTENDS THAT:
His "Personality Disorder" was depression caused by extreme pain. The
Air Force wanted him to solve his depression, but was unwilling to
help him solve the pain.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 May 01, the applicant enlisted in the regular Air Force as an
airman basic for a period of six years.
The applicant while in basic training, was seen twice in the medical
clinic for shin splints. He successfully completed the physical
portion of basic training. He completed the two mile run in 15
minutes, 35 seconds (the minimum standard is 18 minutes). After basic
training the applicant was assigned to Sheppard AFB and began
experiencing foot pain. He was diagnosed as having plantar fasciitis.
His treatment consisted of shoe inserts, anti-inflammatory medicines
and restriction from running. He was referred for a podiatry
evaluation; however, he was separated prior to the podiatry
evaluation.
On 11 Jul 01, the applicant began individual and group counseling at
the Mental Health Clinic for depressed mood, anxiety and difficulty
adjusting to military life. After several individual
and group sessions the applicant's symptoms did not improve and he
agreed to a recommended Command Directed Evaluation for separation. A
mental health evaluation was accomplished on 21 Aug 01 and
revealed the applicant suffered from an Adjustment Disorder with
Depressed Mood, unsuiting for continued military service, not a
personality disorder.
The applicant was notified on 28 Aug 01 that he was being discharged
for a mental disorder based on the 22 Aug 01 mental health evaluation.
The Commander indicated that before recommending discharge, the
applicant was referred to the Life Skills Support Center for
evaluation and counseling regarding his inability to cope with
military life.
The applicant was discharged on 31 Aug 01, with an entry-level
separation. He served 3 months and 16 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief Medical Consultant, AFBCMR, states individuals are
considered in an entry level status for the first six months of
service and any separation which occurs before the completion of six
months will receive an uncharacterized entry level separation, a did
the applicant. The applicant's condition, plantar fasciitis, was
service incurred and ratable, but he was not eligible to receive
severance pay because he had not completed six months of service. The
reason for the applicant's separation was his adjustment disorder
which was unsuiting and not ratable. The evidence of record clearly
establishes that the applicant's discharge was appropriate to the
circumstances of his separation. However, the fact that “Personality
Disorder” appears on the DD Form 214 as the reason for discharge is
incorrect. The current AFI that regulates separations for mental
health problems does not allow coding for other than “Personality
Disorder,” an entirely different DSM-IV code sequence from that with
which the applicant was diagnosed. It is unfair to apply an erroneous
label to an individual because of a recognized administrative
shortfall. The medical consultant recommends that the applicant’s
reason for separation be changed to read: Secretarial Authority, with
the corresponding separation code of “JFF,” and no change to his
reenlistment code. The reenlistment code reflects the uncharacterized
entry-level separation he received.
A complete copy of the Medical Consultant’s evaluation is attached at
Exhibit C.
AFPC/DPPDS states the purpose of the military disability evaluation
system is to maintain a fit and vital force by
separating or retiring members who are unable to perform the duties of
their office, rank and grade. The members who are separated or
retired by reasons of physical disability may be eligible for certain
disability compensation. The Medical Evaluation Board (MEB) makes the
decision whether a member is to be processed through the disability
evaluation system, when the member is determined medically
disqualified for continued military service. The member's medical
treatment facility makes the decision to conduct an MEB. Service
members who are separated or discharged from active service based on a
service connected medical condition are not considered unfit, but
unsuitable at the time of their release should contact the Department
of Veterans Affairs (DVA) for treatment and possible compensation.
The DVA provides medical care for veterans after leaving active duty;
and they may increase or decrease a member's service connected
disability rating based on the seriousness of the medical condition
throughout the member's life span.
DPPDS concurs with the AFBCMR Medical Consultant to change Block 28 on
his DD Form 214 to Secretarial Authority. They state the applicant
has not submitted any evidence to support that he was unfit for duty
due to a physical disability and recommend his request for a medical
retirement be denied (Exhibit D).
HQ AFPC/DPPRS states the Department of Defense (DOD) determined that,
if a member served less than 180 days of continuous active service, he
would receive an entry level separation/uncharacterized service
characterization when separation was initiated. The separation is
uncharacterized because it would be unfair to the member and the
service to try and characterize the limited time served. DPPRS
concurs with the comments and recommendations of the AFBCMR Medical
Consultant. DPPRS further states the discharge was consistent with
procedural and substantive requirements of the discharge regulation.
Also, the discharge was within the sound discretion of the discharge
authority. Based on the evidence provided, DPPRS recommends changing
block 28 on his DD 214 from "Personality Disorder" to "Secretarial
Authority" with a Separation Program designator of "JFF" (Exhibit E).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states that the
BCMR Medical Consultant confirms that the problems with his feet are
service connected. He disagrees with the FACT portion of the
memorandum. His referral to podiatry was delayed and delayed until it
was time for him to be separated and he was never seen by the podiatry
clinic. He requested for his feet to
be x-rayed and was told that it was not necessary. He was constantly
harassed for not being able to run or march. He was in constant pain.
It was the pain that he could not deal with not the military life.
He enjoyed his class work and thinks that he would have enjoyed
working on the equipment and he had planned on being in the military
for a long time.
He accepted the discharge because he thought it was the only way he
could get rid of the pain. His foot problems were real. He feels the
Air Force assumed he was goldbricking, but the civilian doctors found
the problem after a few x-rays. He wonders why the Air Force was
unwilling to help him with his foot pain.
The civilian doctors tell him his foot problems will only get worse
not better. He is unable to do the work that he did before his
enlistment in the Air Force. His foot pain does not allow him to do
the work of electrician's apprentice.
He feels if the Air Force had treated his foot problem correctly he
would still be in the Air Force and not in pain everyday. Now he's
been told that if he had suffered through the pain for three more
months he would have received a medical retirement. It is too late to
fix the problem with his feet, but he requests the Board to do the
right thing now.
Applicant's complete response 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 timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of an injustice in regard to the reason for applicant's
separation. Having carefully reviewed this application, we agree
with the opinion and recommendation of the AFBCMR Medical Consultant
that, in order to correct an injustice of improperly labeling the
applicant's disorder, his narrative reason for separation and
separation code should be changed. In view of the foregoing, we
recommend the applicant's records be corrected as indicated.
4. Insufficient relevant evidence has been presented to
demonstrate the existence of error injustice concerning the
applicant's request for a disability retirement. The applicant has
provided no evidence showing that he was unfit at the time
of his separation. Notwithstanding the change we propose to the
narrative reason for his separation, the applicant has not submitted
sufficient evidence to show that the decision to separate him was
improper based on the situation at that time. Therefore, we are in
agreement with the comments and recommendation of the Air Force
concerning this issue and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
an injustice.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 31 August 2001, he
was honorably discharged under the provisions of AFI 36-3208,
Secretarial Authority, and issued a Separation Program Designator code
of “JFF.”
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number 01-
02616 in Executive Session on 22 May 2002, under the provisions of AFI
36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Laurence M. Groner, Member
Ms. Martha Maust, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Dec 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated
12 Feb 02.
Exhibit D. Letter, HQ AFPC/DPPD, dated 18 Mar 02.
Exhibit E. Letter, HQ AFPC/DPPRS, dated 21 Mar 02.
Exhibit F. Letter, SAF/MRBR, dated 5 Apr 02.
Exhibit G. Applicant’s Response, dated 11 Apr 02.
ROSCOE HINTON, JR.
Panel Chair
AFBCMR 02-00044
INDEX CODE: 110.00
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction for 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, SSN, be corrected to show that on 31 August
2001, he was honorably discharged under the provisions of AFI 36-3208,
Secretarial Authority, and issued a Separation Program Designator code
of “JFF.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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