Search Decisions

Decision Text

AF | BCMR | CY2002 | 0201089
Original file (0201089.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01089
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for her discharge from the Air Force  be  changed  from
"Personality Disorder" to "Pregnancy/Depression."

_________________________________________________________________

APPLICANT CONTENDS THAT:

The statement has and continues to have a negative impact on her career  and
causes her great shame and heartache.  She  has  continued  her  educational
levels and gives 100%  in  all  that  she  does  but  as  a  result  of  the
derogatory statement on her discharge papers she cannot make progress.   She
erred when she was 19 years old and asks forgiveness.  At the time  she  was
pregnant and going through trauma as well as being alone.

In  support  of  her  request  applicant  provided  a  personal   statement,
character references, call  monitoring  review  sheets,  performance  report
from her civilian occupation, and certificates of  course  completion.   Her
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in  the  Regular  Air  Force  on  12  Feb  80.   She  was
progressively promoted to the grade of airman,  having  assumed  that  grade
effective and with a date of rank of 12 Aug 80.

On 9 Oct 80, she was notified of her commander's intent  to  recommend  that
she be discharged from the Air Force under  the  provisions  of  AFM  39-12,
paragraph 2-4b.  The specific reason  for  this  action  was  that  she  was
diagnosed with a histronic and passive aggressive personality  as  evidenced
by nonjudicial punishment under Article 15 of the Uniform Code for  Military
Justice (UCMJ) for being absent without leave (AWOL) from 24 - 30 Aug 80,  a
letter of counseling for failure to  repair,  on  30  Sep  80;  and  several
statements regarding attitude problems and shirking of her duties.  She  was
advised of her rights  in  this  matter  and  acknowledged  receipt  of  the
notification on that same date.  After consulting  counsel  she  elected  to
waive her right to an administrative discharge board  hearing  on  condition
that she receive an honorable discharge.  In a  legal  review  of  the  case
file,  the  wing  deputy  staff  judge  advocate  found  the  case   legally
sufficient   and   recommended   that   she   be   offered   probation   and
rehabilitation.  On 2 Dec 80,  after  reviewing  the  circumstances  of  the
case, the discharge authority directed that she be discharged and  furnished
an Honorable Discharge certificate.  However, he found  that  probation  and
rehabilitation was appropriate in her case and suspended  the  execution  of
the discharge for one year pending her acceptance of the terms of  probation
and rehabilitation.

On 5 Feb 81, her commander notified her of intent to recommend  vacation  of
her probation and rehabilitation under the provisions of AFM 39-12,  chapter
4.  The specific reason for this action was that she received  a  letter  of
reprimand on 4 Feb 81 for creating considerable disturbance  and  discontent
among her  coworkers  and  supervisors,  with  particular  emphasis  on  her
failure to improve her duty performance and belligerency.  She  acknowledged
receipt of the notification and after  consulting  counsel  elected  not  to
submit matters on her own behalf.  In an  additional  legal  review  of  her
case, the wing staff judge advocate found the case  legally  sufficient  and
recommended that she be discharged.  The discharge authority concurred  with
the recommendations and directed that she be  discharged  and  furnished  an
Honorable Discharge certificate.  She was  discharged  on  6  Feb  81.   She
served 11 months and 25 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  reviewed  applicant's  request  and  recommends
denial.   The  Medical  Consultant  states  that  her  records  document   a
character of behavior (personality)  disorder.   Personality  disorders  are
lifelong  patterns  of  maladjustment  in   the   individual's   personality
structure, which are  not  medically  disqualifying  or  unfitting  but  may
render the individual unsuitable for military service.  Often the nature  of
military  duties  places  greater  pressures  on  the  individual  than   on
civilians in similar duties  and  these  disorders  frequently  become  more
manifest.  Reasons for her discharge  and  discharge  proceedings  are  well
documented in her records.  The Medical Consultant evaluation is at  Exhibit
C.

AFPC/DPPRSP reviewed  applicant's  request  and  recommends  denial.   DPPRS
states  that  the  discharge  was  consistent  with   the   procedural   and
substantive requirements of the discharge regulation,  and  was  within  the
sound discretion of the discharge authority.  The applicant did  not  submit
any  new  evidence  or  identify  errors  or  injustices  in  her  discharge
processing.  The DPPRSP evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  31
May 02 for review and comment within 30 days.  As of this date, this  office
has received no response.

_________________________________________________________________

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 injustice.  Evidence provided in support of her appeal has  led
us to believe that since her discharge from the Air Force,  she  has  led  a
stable life and has put forth considerable effort as a productive member  of
society.  In light of the aforementioned and given the  considerable  amount
of time that has passed since she was discharged, it is our opinion that  it
would be an injustice for her to continue to suffer the adverse  effects  of
the  narrative  reason  for  separation.   Therefore,  in  the  interest  of
justice, we recommend that her narrative reason be changed  to  "Secretarial
Authority."

_________________________________________________________________

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 February 1981, she was
discharged under the provisions of AFR 39-10, paragraph 1-2, (Secretarial
Authority) with Separation Program Designator (SPD) Code of JFF.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-01089  in
Executive Session on 1 Aug 02, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Albert F. Lowas, Jr., Member
      Mr. William H. Anderson, Member

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

     Exhibit A.  DD Form 149, dated 21 Nov 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated 3 May 02.
     Exhibit D.  Letter, AFPC/DPPRSP, dated 24 May 02.
     Exhibit E.  Letter, SAF/MRBR, dated 31 May 02.




                                  JOHN L. ROBUCK
                                  Panel Chair

AFBCMR 02-01089




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 APPLICANT, be corrected to show that on 6 February 1981, she
was discharged under the provisions of AFR 39-10, paragraph 1-2,
(Secretarial Authority) with Separation Program Designator (SPD) Code of
JFF.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2002 | 0201191

    Original file (0201191.DOC) Auto-classification: Denied

    Her case was presented before an evaluation officer who recommended that she be discharged from the Air Force and provided a general discharge. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS reviewed applicant's request and recommends denial. Exhibit D. Letter, SAF/MRBR, dated 17 May 02.

  • AF | BCMR | CY2005 | BC-2005-02695

    Original file (BC-2005-02695.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02695 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 FEB 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to honorable. As of this date, no response has been received by this office (Exhibit D). ...

  • AF | BCMR | CY2001 | 0002892

    Original file (0002892.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02892 INDEX CODE: 110.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her reason for separation and the reenlistment code (RE) be changed on the DD Form 214 to allow her to return to military service. The medical consultant recommends that the applicant’s reason for separation be changed to...

  • AF | BCMR | CY2008 | BC-2008-00593

    Original file (BC-2008-00593.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Air Force from 30 Apr 79 to 16 Feb 82, and received an honorable discharge. On 3 Dec 81, the applicant’s commander notified him that he was recommending he be discharged from the Air Force for personal abuse of drugs. We are not persuaded by the evidence presented that the applicant’s discharge was improper or contrary to the provisions of the governing regulations, which...

  • AF | BCMR | CY2003 | BC-2003-00629

    Original file (BC-2003-00629.doc) Auto-classification: Denied

    On 3 Jun 81, an Evaluation Officer interviewed the applicant and recommended that the applicant be discharged from the Air Force with a general discharge. He chose not to appeal the commander's determination, which prevented a timely look by another commander at the issues he now raises over 22 years later. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...

  • AF | BCMR | CY2002 | 0101395

    Original file (0101395.doc) Auto-classification: Approved

    The BCMR Medical Consultant’s evaluation is at Exhibit G. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: In the applicant’s response to the additional Air Force evaluation, she posed several questions that arose from her review of the evaluation. We considered the applicant’s request for an upgrade of her discharge to honorable and her request to receive service-related disability; however, we are not persuaded by the...

  • AF | BCMR | CY2000 | 0001323

    Original file (0001323.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-01323 INDEX CODE: 100.03, 100.06 APPLICANT COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of 2C be upgraded. In support of his request applicant has provided a letter from AFPC/DPPRRB, dated 24 Mar 00, announcing the Air Force Discharge Review Board (AFDRB) decision to...

  • AF | BCMR | CY1999 | BC-1998-00826

    Original file (BC-1998-00826.doc) Auto-classification: Approved

    Evaluation in the disability evaluation system should have followed where the most likely recommendation would have been unfit for duty. A complete copy of the Medical Consultant’s evaluation is at Exhibit C. The Physical Disability Division, AFPC/DPPD, reviewed this application and recommended denial. A complete copy of the DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force...

  • AF | BCMR | CY1999 | 9800826

    Original file (9800826.doc) Auto-classification: Approved

    The fact is, the applicant presented himself to mental health services during his period of service with apparently bonafide evidence of psychotic hallucinations/behavior and this was not considered in his discharge processing. A complete copy of the DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 17 Aug 98 for review and response....

  • AF | BCMR | CY2002 | 0200210

    Original file (0200210.DOC) Auto-classification: Denied

    The applicant was discharged on 14 Apr 70. We find no evidence of error in this case and after thoroughly reviewing the evidence of record, we do not believe he has suffered from an injustice. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application...