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AF | BCMR | CY2002 | 0201231
Original file (0201231.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01231
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation and reenlistment eligibility  (RE)
code of 2C  be  changed  to  allow  eligibility  to  reenlist  in  the
military.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code is incorrect because the  reason  for  his  separation  is
erroneous.  The evidence he has provided proves he  does  not  have  a
personality disorder.

In support of his request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  his
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force on 29
Dec 98 for a period of 4 years in the grade of airman basic (E-1).  He
was progressively promoted to the grade of airman first  class  (E-3),
with an effective date and date of rank of 29 Apr 00.

On 1 Sep 00, the applicant received notification  that  he  was  being
recommended for  an  involuntary  discharge  for  Convenience  of  the
Government - Conditions that Interfere with Military  Service,  Mental
Disorders.  He  was  honorably  discharged  on  5  Oct  00  under  the
provisions of AFI 36-3208 (personality disorder).  He had completed  a
total of 1 year, 9 months and 7 days and was serving in the  grade  of
airman first class (E-3) at the time of discharge.  He received an  RE
Code of 2C, which  defined  means  "Involuntarily  separated  with  an
honorable   discharge;   or    entry    level    separation    without
characterization of service."

The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are  contained  in  the  letter
prepared by the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

The  AFBCMR  Medical  Consultant  recommends  that   the   applicant’s
narrative reason for discharge be  changed  to  Secretarial  Authority
with no change to his RE code.  The AFBCMR Medical  Consultant  stated
that, beginning in Jan 00, the applicant was disciplined for a  series
of minor  disciplinary  infractions  including  speeding  and  parking
citations, financial irresponsibility and repeated failures to  report
for duty.  On or about 17 Jul 00, the applicant’s commander ordered  a
commander-directed  mental  health  evaluation.   The  mental   health
evaluation diagnosed a Mixed Receptive-Expressive  Language  Disorder,
and Probable Attention Deficit  Hyperactivity  Disorder,  inattentive.
There was  no  evidence  of  depression  or  psychosis.   Negativistic
personality traits were  noted  but  no  diagnosis  of  a  personality
disorder was made.   A  second  mental  health  evaluation  diagnosed:
Occupational Problem, Possible Learning Disability, Possible Attention
Deficit  Hyperactivity  Disorder   (ADHD)   and   recommended   stress
management classes.

The  AFBCMR  Medical  Consultant  stated  that   the   applicant   was
administratively  discharged  for   a   combination   of   poor   duty
performance, a pattern of misconduct (minor disciplinary  infractions)
and a mild learning disability that was felt to  have  contributed  to
his  duty  performance   difficulties.    The   applicant’s   learning
disability  was  unsuiting  and  did  not  merit  evaluation  in   the
disability evaluation system.  Action and disposition in this case are
proper and equitable reflecting compliance with  Air  Force  directive
that implement the law.  However, the narrative reason  for  discharge
is inaccurate.  There  is  no  provision  for  listing  his  unsuiting
learning  disability  as  the  reason  for  discharge  as   the   term
“personality disorder” is used for  all  unsuiting  mental  conditions
that result in discharge.  Further, his discharge was not solely based
on  his  learning  disability  but  also  poor  duty  performance  and
misconduct.  His commander however  chose  to  provide  him  with  the
single  reason  for  discharge  that  characterized  his  service   as
honorable.  Had his commander chosen to use the reason  for  discharge
of misconduct or poor performance, a  general  characterization  would
have been a potential outcome.  Since the personality  disorder  label
is inaccurate, a change in  the  narrative  reason  for  discharge  to
Secretarial  Authority  would  be  appropriate.   The  AFBCMR  Medical
Consultant’s evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  5
August 2002 for review and response.  As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________

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 error  or  injustice.   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 below.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  probable  error  or   injustice   concerning   the
applicant’s RE code.  The applicant has provided no  evidence  showing
that his assigned RE code is in error or contrary  to  the  prevailing
instruction.  Notwithstanding the change we propose to  the  narrative
reason for his separation, it is clear that the decision  to  separate
the applicant was proper based on his situation at the time.   The  RE
code which was issued at the time of applicant’s discharge  accurately
reflects the circumstances  of  his  separation,  i.e.,  involuntarily
separated with an honorable discharge.  Accordingly, we  do  not  find
this code to be in error or unjust.  We  therefore  conclude  that  no
basis exists upon which to recommend favorable action on  his  request
that it be changed.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that the  narrative  reason
for separation, issued in conjunction with his honorable discharge  on
5 October 2000, was “Secretarial Authority” and the separation program
designator (SPD) code was “JFF.”
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 12 September 2002, under the provisions of AFI 36-
2603:

                  Mr. Jackson A. Hauslein, Panel Chair
                  Mr. James W. Russell III, Member
              Ms. Carolyn B. Willis, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number 02-01231.

   Exhibit A.  DD Form 149, dated 3 Apr 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated
               29 Jul 02.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 02.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair



AFBCMR 02-01231




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 the narrative
reason for separation, issued in conjunction with his honorable
discharge on 5 October 2000, was “Secretarial Authority” and the
separation program designator (SPD) code was “JFF.”




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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