RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01549
INDEX CODE 108.01 108.02 110.02
COUNSEL: DAV
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1995 discharge for personality disorder be changed to a medical
retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The evidence of record points more to a clearly defined psychological
diagnosis and disorder warranting a rating of at least 30% and a
medical retirement rather than a discharge for personality disorder.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 Dec 87, and
reenlisted for four years on 8 Jan 93 for a period of four years
During the period in question, he was an information management
specialist assigned to the 5th Civil Engineer Squadron at Minot AFB,
ND. His performance reports from 24 Dec 87 through 5 Feb 95 reflect
the following overall ratings: 9, 3 (New System), 4, 5, 5, 5, 5 and
4.
A 28 Sep 94 Minot AFB mental health entry indicates the applicant did
not want to remain in the Air Force but could “not seem to obtain a
legal/honorable discharge.” He expressed problems with sleep, energy,
anger, duty performance and social involvement. He had separated from
his wife 1½ years before and reported the pending divorce was not a
source of distress. The psychologist indicated that the applicant
seemed to “be fishing for a way to be separated from the Air Force,
yet I cannot currently find a mental health reason to recommend
separation.” The applicant was seen again on 14 Nov 94 and referred
for evaluation for treatment of occupational problem and to rule out
adjustment disorder with mixed emotional features vs. major
depression.
A 15 Dec 94 mental health entry reflects a diagnosis of major
depression, moderate, single episode, secondary to occupational
problem. Histrionic traits were noted. The applicant was taking
medication but was pessimistic regarding his future involvement in the
Air Force. The psychologist mentioned possible consideration by a
Medical Evaluation Board (MEB). On 26 Jan 95, the doctor reported no
improvement in the applicant’s symptoms.
On 27 Jan 95 at the request of the applicant, the Minot AFB clinical
psychologist forwarded a letter to the Department of Veterans Affairs
(DVA) advising them that he was treating the applicant for a major
depressive disorder and symptoms continued in variety and severity.
On 22 Feb 95, the applicant reported the medication was not helping,
his anger and emotional distress were worsening, and he wanted out of
the Air Force. The clinical psychologist recommended an MEB.
On 9 Mar 95, he received a Letter of Reprimand (LOR) for failing to
report to his place of duty and failing to notify his supervisor of
his whereabouts and status. On 23 Mar 95, he was referred for another
psychiatric opinion.
On 28 Mar 95 the applicant reported a recent history of heavy drinking
and driving and a desire to leave the Air Force. He indicated that
for two years he had been dissatisfied with his job and that he could
not deal with being in the military. The clinical psychiatrist
diagnosed him as having an adjustment disorder, chronic, unspecified.
The psychiatrist believed the applicant’s condition would worsen with
continued military service and recommended an administrative
discharge. On 6 Apr 95, the applicant was referred to the Substance
Abuse Control Program for an evaluation and received a diagnosis of
alcohol abuse.
Based on the mental health diagnosis, the commander advised the
applicant on l8 Apr 02 of his intent to recommend an administrative
honorable discharge. On 20 Apr 95, after consulting counsel, the
applicant waived his right for an administrative discharge board. On
26 Apr 95, the commander recommended the applicant’s honorable
discharge for a condition that interfered with military service,
specifically a personality disorder. On 1 May 95, the case was found
legally sufficient.
The applicant was honorably discharged, with separation pay, in the
grade of sergeant on 23 May 95 with 7 years, 5 months and 10 days of
active service. The narrative reason for the applicant’s discharge is
personality disorder. Although his diagnosis was adjustment disorder
rather than personality disorder, governing regulations make no
provision to list adjustment disorder as a narrative reason.
Personality disorder is used for all unsuiting mental health
disorders.
In Mar and Apr 99, civilian medical leave certifications to his
civilian employer reflect the applicant continued to have problems
adjusting to a work environment and was not taking the medications
prescribed to him. In Oct 00, he was hospitalized after running
around semi-nude and tackling a postal worker.
According to a DVA rating dated 18 Sep 01, he is rated at 100% for
adjustment disorder with depression and anxiety.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant notes that the distinction between an
adjustment disorder and major depression is that an adjustment
disorder is an unsuiting, non-compensable condition dealt with by
administrative separation, whereas depression can be an unfitting
condition and, if unresponsive to treatment, result in disability
discharge with compensation. He discusses the various aspects of
adjustment disorder, personality disorder and depression and explains
the differences between the Air Force and DVA disability systems.
Although action and disposition in this case were proper and equitable
and reflected compliance with Air Force directives that implement the
law, the applicant did not receive a diagnosis of a personality
disorder and the narrative reason on the DD 214 is therefore not
accurate. The Consultant recommends changing the narrative reason to
“Secretarial Authority” but believes the record should otherwise
remain unchanged.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPD notes that the applicant’s 5 Feb 95 Enlisted Performance
Report (EPR) clearly illustrates that he was reasonably capable of
carrying out the responsibilities of his office, grade, rank and
rating and he was fully capable of performing these duties right up
until the date of his release from active duty. DPPD recommends the
requested relief be denied.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 6 Sep 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to warrant a disability retirement
or discharge. The applicant’s contentions are duly noted; however, we
do not find these assertions, in and of themselves, sufficiently
persuasive to override the rationale provided by the AFBCMR Medical
Consultant and the Air Force. At the time of his separation, the
applicant, who had a history of alcohol abuse, was diagnosed with an
adjustment disorder, an unsuiting, non-compensable condition, not
major depression, an unfitting condition. The applicant has not
demonstrated that he was incorrectly diagnosed or discharged. We
therefore adopt the rationale expressed as the basis for our decision
that the applicant has failed to sustain his burden of having suffered
either an error or an injustice. Absent persuasive evidence to the
contrary, we conclude that the applicant’s request for a medical
retirement should be denied.
4. Notwithstanding the above, we note there is no provision for
listing adjustment disorder in the narrative reason for administrative
separation. Personality disorder is used for all unsuiting mental
health disorders, even in cases such as the applicant’s when the
diagnosis was adjustment disorder, not personality disorder. Although
action and disposition of the applicant’s case appears to be in
compliance with Air Force directives, he did not receive a diagnosis
of a personality disorder, therefore, the narrative reason for
separation is inaccurate. We agree with the AFBCMR Medical Consultant
that the narrative reason should be changed to “Secretarial Authority”
and therefore recommend that the applicant’s records be corrected to
the extent indicated below.
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 issue(s) 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 23 May 1995, he
was honorably discharged under the provisions of AFI 36-3208,
Secretarial Authority, and was issued a separation program designator
code of “JFF.”
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 29 October 2002 under the provisions of AFI 36-
2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. Christopher Carey, Member
Mr. Billy C. Baxter, Member
All members voted to correct the records, as recommended. The
following documentary evidence relating to AFBCMR Docket Number 02-
01549 was considered:
Exhibit A. DD Form 149, dated 1 May 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated 19 Jun 02.
Exhibit D. Letter, HQ AFPC/DPPD, dated 29 Aug 02.
Exhibit E. Letter, SAF/MRBR, dated 6 Sep 02.
PEGGY E. GORDON
Panel Chair
AFBCMR 02-01549
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, on 23 May 1995, he
was honorably discharged under the provisions of AFI 36-3208,
Secretarial Authority, and was issued a separation program designator
code of “JFF.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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