RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03341
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for his separation (personality disorder) be removed
from his DD Form 214, Certificate of Release or Discharge from Active Duty,
and his separation code and Reenlistment Eligibility (RE) code be changed.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
The narrative reason for his separation is preventing him from bettering
himself.
The applicant states that although the narrative reason for his separation
was a personality disorder, his wife and children had left him in Alaska
due to divorce and he wanted to get out of the military and move back to
Florida to be with his children. At the time of his discharge, he had
three years left on his four-year assignment. He is currently working as a
civilian contractor doing the same job he had while on active duty, working
under former supervisors. He began the job two months after his discharge.
He recently tried to join the Air Force Reserve and was denied. He is
currently enrolled in the Gulf Coast Law Enforcement Academy and will
graduate in May 2003.
In support of the appeal, the applicant submits a letter from the Gulf
Coast Community College and a statement from his employer.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 16 August 1999 for a
period of six years.
On 26 March 2001, he received a Letter of Reprimand (LOR) for violation of
Article 92 (failure to obey written regulations and technical orders) of
the Uniform Code of Military Justice (UCMJ). Specifically, on 27 February
2001, while filling his refueling unit 11 at Oscar pump house, he purposely
defeated the dead man safety device by blocking it open. This allowed his
truck to continue to fill unattended, while he left the fill stand area and
walked to the pump house.
He underwent a command-directed mental health evaluation on 11 April 2001,
and was diagnosed by a clinical psychiatrist as having an adjustment
disorder with mixed anxiety with depressed mood and dependent personality
traits. The psychiatrist was also of the opinion that the applicant’s
adjustment and personality disorders were so severe that his ability to
function in the military environment was significantly impaired and
recommended his administrative discharge.
On 23 April 2001, the commander notified him that he was recommending his
administrative discharge for mental disorders. Specifically, that the
applicant’s personality disorder had resulted in his inability to adapt to
military life. The applicant waived his right to consult legal counsel and
did not submit any matters for consideration.
The discharge authority approved the recommended discharge action on 1 May
2001.
On 8 May 2001, he was honorably discharged under the provisions of AFI 36-
3208, by reason of Personality Disorder, and issued a Separation Code of
JFX and RE code 2C (Involuntarily separated with an honorable discharge; or
entry level separation without characterization of service). He completed
5 years, 6 months, and 14 days of active service.
_________________________________________________________________
AIR FORCE EVALUATIONS:
The BCMR Medical Consultant recommends the application be denied and
states, in part, that although the applicant’s maladaptive personality
traits were not judged to be severe enough to warrant a formal diagnosis of
a personality disorder, they significantly contributed to his behavior and
the development of his adjustment disorder. While the applicant is
concerned that the narrative reason for his separation will interfere with
his pursuit of a career in law enforcement, the facts of the circumstances
surrounding his administrative discharge cannot be changed. However, he
may seek psychological evaluation and testing to support his application
for employment in civilian law enforcement. The action and disposition in
the case are proper and equitable reflecting compliance with Air Force
directives.
The BCMR Medical Consultant’s evaluation is at Exhibit C.
AFPC/DPPRS recommends the application be denied and states, in part, that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. In addition, the discharge was
within the sound discretion of the discharge authority. The applicant did
not submit any new evidence or identify any errors or injustices that
occurred in the discharge process.
The AFPC/DPPRS evaluation is at Exhibit D.
AFPC/DPPAE states, in part, that the RE code of 2C, “Involuntarily
separated with an honorable discharge; or entry level separation without
characterization of service,” is correct.
The AFPC/DPPAE evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 4 April 2003 for review and response within 30 days. As of
this date, this office has received no response from the applicant.
However, a civilian psychologist has provided a statement indicating that
it is highly unlikely that an individual with a personality disorder would
be able to perform five and a half years in the military and not have
numerous problems. The psychologist also states that the applicant’s
marriage was in crisis and the only way that he knew to return to the
continental United States was to attempt to get a mental health diagnosis;
however, he had no idea that such a diagnosis would continue to have a long-
term impact upon his future job opportunities.
A copy of the psychologist’s statement 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice to warrant changing the narrative reason
for the applicant’s separation and separation code. After a thorough
review of the evidence of record and applicant’s submission, a majority of
the Board is not persuaded that relief should be granted. In this respect,
a majority of the Board notes that the applicant was referred for a mental
health evaluation based on his lack of attention to detail, defiance
towards supervisors, inappropriate displays of anger, and emotional
distress. He was subsequently diagnosed with an adjustment disorder and
administratively discharged in 2001. The applicant contends that the
reason for his separation (personality disorder) is preventing him from
becoming a police officer. Current Air Force Instructions regulating
separations for mental health problems do not allow coding for other than
“Personality Disorder,” an entirely different DSM-IV code sequence from
that with which the applicant was diagnosed. However, a majority of the
Board does not believe this administrative shortfall and any concerns this
Board may have regarding the erroneous labeling of the applicant, should
outweigh our caution in disturbing the record in the name of the Office of
the Secretary of the Air Force when there is evidence the applicant
attacked two co-workers while on active duty. It is uncontested that while
on active duty, the applicant had a disorder so severe that it
significantly impaired his ability to function in the military and
warranted his separation. Although he was not diagnosed with a personality
disorder because his maladaptive personality traits were not judged severe
enough, they did impair his ability to function effectively in the military
environment. The circumstances surrounding his separation remain unchanged
and should be appropriately documented in his records - especially since he
desires to enter civilian law enforcement. More importantly, a majority of
the Board is extremely uncomfortable with using the term “Secretarial
Authority” for the discharge reason when the applicant has indicated a
desire to enter civil law enforcement and there is medical evidence
documenting a mental disorder. In view of his inappropriate displays of
anger while on active duty, and in an effort to protect the Office of the
Secretary of the Air Force, a majority of the Board strongly believes the
record should remain undisturbed and should he still desire civilian law
enforcement employment, he may seek psychological evaluation and testing,
as recommended by the AFBCMR Medical Consultant, to support his application
for employment. In view of the above, a majority of the Board finds that
the applicant has not satisfied his burden to show there has been an error
or injustice. Therefore, a majority of the Board does not recommend
favorable consideration of his request to change the narrative reason for
his separation and separation code.
4. Insufficient relevant evidence has been presented to demonstrate the
existence of 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. 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.
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 issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the Board finds insufficient evidence of error or injustice
regarding the applicant’s narrative reason for separation and separation
code and recommends this portion of the application be denied. All members
of the Board find insufficient evidence of error or injustice with regard
to the applicant’s Reenlistment Eligibility code.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2002-03341
in Executive Session on 22 May 2003, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Laurence M. Groner, Member
Ms. Jean A. Reynolds, Member
By majority vote, the Board voted to deny the applicant’s request to change
his narrative reason for separation and separation code. Mr. Groner voted
to grant this portion of the applicant’s request and has submitted a
minority report which is at Exhibit H. All members voted to deny the
applicant’s request to change his Reenlistment Eligibility code. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 2 Jan 03.
Exhibit D. Letter, AFPC/DPPRS, dated 11 Feb 03.
Exhibit E. Letter, AFPC/DPPAE, dated 27 Mar 03.
Exhibit F. Letter, SAF/MRBR, dated 4 Apr 03.
Exhibit G. Letter, Dr. Koehnemann, dated 21 Mar 03.
Exhibit H. Minority Report.
RICHARD A. PETERSON
Panel Chair
Dear Applicant
Reference your application submitted under the provisions of AFI
36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2002-03341.
After careful consideration of your application and military
records, a majority of the Board determined that the evidence you
presented did not demonstrate the existence of probable material error
or injustice. The Secretary's designee accepted the recommendation of
the majority and denied your application.
You have the right to submit newly discovered relevant evidence
for consideration by the Board. In the absence of such additional
evidence, a further review of your application is not possible.
BY DIRECTION OF THE PANEL CHAIR
ROSE M. KIRKPATRICK
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
SAF/MRB Memo, w/Record
of Board Proceedings
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS
(AFBCMR)
SUBJECT: AFBCMR Application of APPLICANT
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: APPLICANT, DOCKET NO: BC-2002-03341
The majority of the Board recommends denial of the applicant’s
request to change the narrative reason for his separation and separation
code. I disagree.
The applicant was administratively discharged after being diagnosed
with an adjustment disorder. Although the discharge action taken against
him was in accordance with the applicable instruction, I find the narrative
reason for his separation; i.e., personality disorder, to be inappropriate
since he was not diagnosed with this condition. The BCMR Medical
Consultant confirms that the applicant’s maladaptive personality traits
were not judged to be severe enough to warrant a formal diagnosis of a
personality disorder.
Since current Air Force Instructions regulating separations for
mental health problems do not allow coding for other than “Personality
Disorder,” an entirely different DSM-IV code sequence from that with which
the applicant was diagnosed, I believe his records are in error based on
this administrative shortfall. Furthermore, since the applicant indicates
that the narrative reason for his separation is preventing him from
becoming a police officer, and we recognize that he was not diagnosed with
a personality disorder and yet has been improperly labeled with such a
condition, I believe he is also the victim of an injustice.
In view of the above, I find that the applicant has satisfied his
burden to show there has been an error or injustice. Therefore, I
recommend the narrative reason for his separation and separation code be
changed to reflect “Secretarial Authority” and “JFF,” respectively.
LAURENCE M. GRONER
Panel Member
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