RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2002-03627
                                  INDEX CODE 123.01  123.08  121/03
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be cleared of deserter status, the 29 Aug-5 Sep 02  period
of lost time be changed to hospitalization, and he  be  paid  for  9.5
days of lost leave and two days (16-17 Oct 02) of work.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His mother obtained permission for him to report to Hurlburt Field  on
30 Aug 02 rather than 29 Aug 02. On 30 Aug 02, his mother took him  to
a civilian hospital and he was admitted  for  psychiatric  evaluation.
His mother maintained contact with the Air Force  and  gave  them  the
number of the hospital, but she and the hospital  were  harassed  with
constant phone calls. On  6 Sep  02,  he  was  designated  a  deserter
because the hospital  did  not  have  a  contract  with  TRICARE.  The
commander assured his mother that his deserter status would be changed
as long as he moved to  another  hospital  that  did  have  a  TRICARE
contract, which he did on 6 Sep 02. However,  the  commander  did  not
keep his word.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The following information was extracted from the applicant’s  military
personnel and medical records, which are provided at Exhibit B.

The applicant enlisted in the Regular Air Force on 16  Apr  02  for  a
period of six years. On 22 Apr 02, while in  basic  military  training
(BMT), he was evaluated by the Mental Health Clinic  at  Wilford  Hall
Medical Center (WHMC), Lackland AFB,  for  anxiety.  He  indicated  he
wanted to return home  because  he  believed  he  made  a  mistake  by
enlisting. He denied suicidal or homicidal thoughts, violent behavior,
or mental health history. The  evaluation  revealed  no  disqualifying
mental  health  condition,  diagnosed  the  applicant  as  having   an
adjustment disorder with anxiety, and recommended he  be  returned  to
duty.

On 31 May 02, the applicant graduated from BMT. He was assigned to the
366 Training Squadron at Sheppard AFB, TX, on 3 Jun 02, for  technical
training.

The applicant  was  seen  by  the  Stress  Management  Group  and  the
Psychology Clinic at Sheppard Hospital on  25  Jun  02  following  his
grandfather’s funeral. He related  he  wanted  to  separate  from  the
military as he was unable to  adapt  to  the  lifestyle.  He  appeared
unmotivated to change and was diagnosed with an occupational/phase  of
life problem. He was also examined by the  Sheppard  Internal  Medical
Clinic on 11 Jul 02 for a cough which apparently started in the  first
week of BMT after the death  of  an  airman  and  worsened  after  the
applicant’s grandfather passed away. All tests were normal.  Diagnosis
was  anxiety  disorder  with  chronic  cough  as  manifestation.   The
applicant agreed that the cough was  probably  stress-related.  Stress
management was recommended.

On 31 Jul 02, the applicant received orders  for  the  823  Red  Horse
Squadron at Hurlburt Field, FL, with a report no later than (NLT) date
of 29 Aug 02. He graduated from training and left Sheppard on  14  Aug
02.

Before reporting to Hurlburt, the applicant went on leave to visit his
family in Tampa/St. Petersburg, FL. While he was on leave, he  or  his
family apparently contacted a Congressional Representative. A  22  Aug
02 response from the Secretary of the Air Force,  Legislative  Liaison
(SAF/LLI), to the Representative provided details of  the  applicant’s
medical complaints, treatment in the military, and his declination  of
supportive therapy and additional counseling. In addition, the  letter
advised the applicant had submitted an application on 7 Aug 02  for  a
miscellaneous  separation,  which  was  currently  pending  the   wing
commander’s recommendation.

While on leave,  the  applicant  seemed  to  have  developed  suicidal
thoughts and was involuntarily hospitalized at St. Anthony’s  Hospital
in St. Petersburg on 31 Aug 02.

On 5 Sep 02, the applicant was placed in deserter status, effective 29
Aug 02. A 5 Sep 02 letter from the 366th Training  Squadron  commander
notified the applicant’s mother of his unknown status,  that  multiple
attempts to contact him and/or officially confirm his whereabouts were
unsuccessful, and that  available  information  indicated  he  had  no
intention of returning. She  was  asked  to  urge  him  to  report  to
Hurlburt Field or the nearest military facility and was  advised  whom
to contact.

The applicant was removed from deserter status on 6 Sep  02,  when  he
was transferred from St. Anthony’s to Tampa General Hospital.  He  was
discharged from Tampa General on 16 Sep  02,  picked  up  by  military
authorities, and transported to  MacDill  AFB.  He  also  underwent  a
referral evaluation by a civilian counseling facility on 24 Sep 02;  a
mixed personality disorder  with  dependent  features  was  considered
likely.

According  a  25  Sep  02  mental  health  narrative  summary  by  the
6th Medical Group, MacDill AFB, FL, the applicant related that one  of
his peers in BMT died due to an accident and a previously  undiagnosed
medical condition, and another person who  heard  about  it  committed
suicide. He indicated that while at Sheppard he became  angry  at  the
military and wanted to get out because it was not doing right  by  him
and would not listen to him. He went home on leave and refused to come
back. While at Tampa General he received a  battery  of  psychological
testing and was placed on antidepressant and antipsychotic medication,
with good improvement. The  diagnosis  was  adjustment  disorder  with
mixed disturbance of emotions and conduct,  brief  psychotic  disorder
with mild/moderate  stressors,  personality  disorder,  not  otherwise
specified, manifested by schizoid, immature  and  dependent  features.
The summary’s assessment was that the applicant’s ability to  function
in the  military  was  significantly  impaired,  and  his  psychiatric
difficulties represented conditions  that  existed  prior  to  service
(EPTS), as well as other conditions that were the result of  being  in
the military. The summary recommended prompt administrative discharge.

On 7 Oct 02, the applicant  was  notified  of  his  group  commander’s
intent to discharge  him  for  conditions  interfering  with  military
service, specifically mental disorders. After consulting counsel,  the
applicant submitted  a  statement,  explaining  he  experienced  three
deaths in five months and no one addressed his problems.

On 9 Oct 02, the commander  recommended  the  applicant  be  honorably
discharged for the reasons cited in the notification  letter,  without
probation and rehabilitation. On 16 Oct 02,  the  discharge  authority
approved the separation.

On 17 Oct 02, the applicant was honorably discharged  for  personality
disorder in the grade of airman first class with six  months  and  one
day of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPW recites  facts  pertaining  to  the  applicant’s  deserter
status and finds his explanation on his DD Form 149 to be inconsistent
with the military record. They recommend his  request  to  remove  the
lost time be denied.

A complete copy of the evaluation, with attachments, is at Exhibit C.

HQ AFPC/DPSFM advises the  applicant’s  Master  Military  Pay  Account
(MMPA) shows he earned 13 days and used 19 days of leave in  FY02.  He
entered FY03 with a negative  leave  balance  of  6  days,  earned  an
additional 1.5 days of leave prior to separation on 17 Oct 02, leaving
a negative leave balance of  4.5.  Denial  is  recommended  since  the
applicant did not lose leave. [Note:  AFPC/DPSFM  advised  the  AFBCMR
Staff via email that if the lost time were voided, the applicant would
only gain a half day of leave, which would reduce his  negative  leave
balance to 4, rather than 4.5, days.]

A complete copy of the evaluation, with attachment, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the evaluations were forwarded to the applicant  on
28 Mar 03 for review and comment within 30 days. As of this date, this
office has received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The AFBCMR Medical Consultant discusses the  facts  of  the  case  and
notes that personality disorders  are  not  a  disease,  but  lifelong
patterns of maladjustment in  an  individual’s  personality  structure
which are not medically disqualifying or  unfitting.  These  disorders
may render the individual unsuitable for further military service  and
may be cause for administrative or disciplinary action either  due  to
misconduct or unsuitability.  Air Force members are  held  accountable
for their actions when they know right from wrong. While the applicant
was experiencing severe emotional distress over his situation and even
experiencing auditory and visual hallucinations, there is no  evidence
that his decision not to report for duty  was  due  to  insanity.  The
details of when the applicant’s chain of  command  was  aware  he  was
hospitalized  are  not  clear.  Under  circumstances   not   involving
misconduct (e.g., a member is hospitalized due to  injuries  sustained
in a vehicle accident while enroute to a new duty station, even with a
delay  of  notification),  a  member  is  not  ultimately  listed   in
AWOL/deserter status. In  this  instance,  the  applicant’s  chain  of
command apparently had the impression that he intended not  to  report
for duty and listed him in deserter status immediately at midnight  on
his report NLT date of 29 Aug 02.  In  retrospect,  it  is  clear  the
applicant was unsuited for military service and the  severity  of  his
psychiatric state at the time he was hospitalized  may  be  considered
mitigating to some extent; however, his decision  not  to  report  for
duty was intentional and preceded his hospitalization. For the  period
of time he was listed in AWOL/deserter status, he is  responsible  for
the medical bills incurred (30 Aug-5 Sep 02). For the  period  he  was
not listed in deserter status, all of  his  medical  bills  should  be
handled  by  the  military  and   he   should   not   have   financial
responsibility for medical bills while on active duty (6-16  Sep  02).
The Medical Consultant is of the opinion favorable  consideration  may
be considered in light of mitigating circumstances discussed above.

A complete copy of the additional evaluation is at Exhibit F.

______________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:

A complete copy of the additional  evaluation  was  forwarded  to  the
applicant on 1 May 03 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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to warrant removing the lost  time
or restoring any leave and pay. The applicant asserts, in  part,  that
his mother obtained permission for him to report to duty a  day  later
and that he was  placed  on  deserter  status  because  the  admitting
hospital did not have a contract with TRICARE. The available  evidence
appears to contradict these contentions.  The  applicant’s  “breaking”
point seemed to have occurred when he could not get his leave extended
over a holiday weekend and beyond his report NLT  date.  According  to
the commander’s 5 Sep 02 letter, the applicant’s squadron still  could
not confirm his whereabouts as of that date and had reason to  believe
he did not intend to  return  to  duty.  This  is  borne  out  by  the
applicant’s 7 Aug 02 request to separate for miscellaneous reasons and
his previously and strongly expressed desire  not  to  remain  in  the
military or to report to his new  assignment.  We  may  be  unable  to
determine precisely when his chain of command was aware  he  had  been
hospitalized, but while his location may have been unknown, the record
clearly shows that his intention to avoid returning to duty  was  not.
We have little doubt the applicant probably never should  have  chosen
to enlist in  the  first  place  given  his  pre-existing  personality
disorder. His anxiety, unhappiness, and dissatisfaction with  military
life, while not uncommon to new young airmen, probably exacerbated his
already unsound emotional state. The Medical Consultant’s analogy of a
member hospitalized due to injuries sustained in a vehicular  accident
is not fully applicable here. Although the applicant’s mental state at
the time he was hospitalized may be mitigating  to  some  extent,  his
decision not to report  to  duty  was  intentional  and  preceded  his
hospitalization. The applicant has failed to show that he did not know
right from wrong, is not accountable for his actions, or that the  Air
Force is somehow culpable for his circumstances.  The  applicant  also
has not substantiated his claim that he is entitled to additional  pay
or that he lost leave when, in fact, he had a negative leave  balance.
Absent persuasive evidence  to  the  contrary,  we  see  no  error  or
injustice in this case and  find  no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________

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 will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 June 2003, under the  provisions  of  AFI  36-
2603:

                  Mr. Philip Sheuerman, Panel Chair
                  Mr. Laurence M. Groner, Member
                  Mr. James E. Short, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2002-03627 was considered:

  Exhibit A.  DD Form 149, dated 8 Nov 02, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, HQ AFPC/DPW, dated 27 Jan 03, w/atchs.
  Exhibit D.  Letter, HQ AFPC/DPSFM, dated 24 Mar 03, w/atch.
  Exhibit E.  Letter, SAF/MRBR, dated 28 Mar 03.
  Exhibit F.  Letter, AFBCMR Medical Consultant, dated 25 Apr 03.
  Exhibit G.  Letter, AFBCMR, dated 1 May 03.




                                   PHILIP SHEUERMAN
                                   Panel Chair