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AF | BCMR | CY2003 | BC-2003-00211
Original file (BC-2003-00211.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00211
                       INDEX CODE:  110.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reason for discharge be changed  from  “Personality  Disorder”  to
“Erroneous Enlistment.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

He feels the events that led to his discharge were a direct result  of
irresponsible counseling from his recruiting officer,  Staff  Sergeant
(SSgt) T. M.  He was instructed by her  to  not  tell  anyone  of  his
Attention Deficit Hyperactivity Disorder (ADHD), as she  said  it  was
not relevant.  He  was  also  not  told  that  he  needed  to  be  off
medication for one year.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 October 2002,  as  an
airman basic for a period of six years.

On 11 October 2002, the Wilford Hall Medical  Center  (WHMC)  clinical
psychologist diagnosed the applicant as having ADHD, Inattentive Type,
per   history.    The   psychologist   recommended   an    expeditious
administrative discharge.

On 18 October 2002, the applicant’s  commander  notified  him  of  his
intent to recommend him for discharge for  conditions  that  interfere
with military service, specifically mental disorders.

The commander stated the reason for this action was the applicant  was
diagnosed by the Department of Mental Health, WHMC, as having a mental
disorder as contained in the  Diagnostic  and  Statistical  Manual  of
Mental Disorders (DSM-IV).  The commander indicated that  due  to  his
condition  the  applicant’s  ability  to  function   in   a   military
environment was significantly impaired.

The commander advised the applicant of  his  right  to  consult  legal
counsel, and if he so  desired  an  appointment  would  be  made  upon
request.  He was advised that  failure  to  consult  with  counsel  or
submit statements could constitute his waiver of his rights to do so.

The commander indicated in his  recommendation  for  discharge  action
that if his recommendation was approved,  the  applicant's  separation
would be characterized as entry-level.

On 22 October 2002, after consulting with  counsel,  applicant  waived
his right to submit a statement.

A legal review was conducted on 25 October 2002  in  which  the  staff
judge advocate (SJA) recommended the applicant be discharged  with  an
entry-level discharge.

The applicant was discharged on 1 November 2002, under the  provisions
of AFI 36-3208, Personality Disorder, in the  grade  of  airman  basic
with an uncharacterized entry-level separation.  He served  one  month
and one day of active duty service.  He received an RE  code  of  “2C”
which  means  he  was  "Involuntarily  separated  with  an   honorable
discharge;    or    entry    level    separation    without    service
characterization,” and a Separation Program Designator (SPD)  code  of
“JFX” which denotes "Personality Disorder."

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, states on 8  October  2002,  the
chaplain referred the applicant to the mental  health  clinic  for  an
evaluation.  The applicant had reported he was experiencing difficulty
with  his  performance  in  training  due  to  distractibility,   poor
concentration,  difficulty  sleeping  and  feelings  of  anger.    The
applicant revealed he was diagnosed  with  ADHD  at  age  17  and  was
treated with medication.  The applicant stated he did not  report  the
ADHD at the time of his medical entrance examination.   The  applicant
further stated the recruiter told him and his mother the ADHD was  not
important enough to report if he was not currently taking medications.
 The applicant’s  prior  diagnosis  of  ADHD,  Inattentive  Type,  was
confirmed and determined to be disqualifying for military service.

The applicant’s DD  Form  214  lists  “Personality  Disorder”  as  the
narrative reason for his discharge even though the applicant  was  not
diagnosed with  a  personality  disorder  or  maladaptive  personality
traits.  The term “personality disorder”  is  used  by  Department  of
Defense  (DoD)  administratively  on  DD  Forms  214  to  include  all
unsuiting  character  and  behavior  disorders  including   adjustment
personality, impulsive control disorders and other
unsuiting conditions to include learning disorders.  The  DSM-IV  uses
the term “personality disorder”  in  a  specific,  defined  manner  to
classify  specific  disorders  of  personality  that  do  not  include
adjustment, impulse control or learning disorders.

The applicant requests that his reason for  discharge  be  changed  to
“Erroneous Enlistment.”  An erroneous enlistment  is  one  that  would
have not occurred had the relevant facts been known by the  Air  Force
and it was not the result of fraudulent conduct on  the  part  of  the
member.

The Medical Consultant further states that since the applicant was not
diagnosed with a personality disorder and was not noted to demonstrate
maladaptive traits or misconduct suggestive of a personality disorder,
it is inaccurate to list the reason for  discharge  as  a  personality
disorder.

The Medical Consultant adds that the disposition  of  the  applicant’s
case was proper and equitable reflecting  compliance  with  Air  Force
directives that implement the law; however, he recommends a change  in
the narrative  reason  for  discharge  to  “Erroneous  Enlistment”  or
“Secretarial Authority,” but no change in the applicant’s reenlistment
code.

A complete copy of the Medical Consultant’s evaluation is attached  at
Exhibit C.

HQ AFPC/DPPRS states the discharge was consistent with procedural  and
substantive requirements  of  the  discharge  regulation.   Also,  the
discharge was within the sound discretion of the discharge  authority.
Airmen  are  given  entry-level   separation/uncharacterized   service
characterization when separation is initiated in the first 180 days of
continuous active service.  The DoD determined if a member has  served
less than 180 days of continuous active service, it would be unfair to
the member and the  service  to  characterize  such  limited  service.
Therefore, the applicant’s uncharacterized service is correct  and  in
accordance with DoD and Air Force instructions.  DPPRS further  states
that an entry level/uncharacterized separation should not be  confused
with other types of separation.

AFPC/DPPRS concurs with the comments and recommendations of the AFBCMR
Medical Consultant and recommends the separation  code  and  narrative
reason for separation be changed on DD Form 214, Blocks 26 and  28  to
“JFC--Erroneous Entry” or “KFF--Secretarial Authority.”

A complete copy of the Air Force evaluation is  attached  at  (Exhibit
D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
9 May 2003, for review and response.  As of this date, no response has
been received by this office.

_________________________________________________________________

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 an injustice.  After careful  consideration  of  the
circumstances surrounding the applicant’s separation, we believe  the
applicant did not deliberately try to mislead the government  by  not
disclosing  his  past  history  of  Attention  Deficit  Hyperactivity
Disorder.  We are persuaded that the applicant and  his  mother  were
advised by the recruiter not to reveal  the  applicant’s  history  of
ADHD.  Further, it appears that the recruiter  did  not  advise  them
that the applicant needed to be off of his medication  for  at  least
one year before attempting to enlist.  Unfortunately, the current AFI
regulating separations for mental  health  problems  does  not  allow
coding for other than “Personality Disorder.”  We are persuaded  that
it would be an injustice to apply an erroneous label to an individual
because of a recognized administrative shortfall as occurred in  this
case.  Therefore, in order to  preclude  a  possible  injustice,  the
Board recommends that the applicant’s SPD code and  narrative  reason
for discharge  be  changed  to  “KFF”  and  “Secretarial  Authority,”
respectively.  However, the applicant’s current RE code was driven by
his  administrative  discharge,  which  was  appropriate  given   his
Attention Deficit Hyperactivity Disorder.  He  has  not  demonstrated
that his RE code is erroneous or unjust or that he could function any
better today within the military environment.  Therefore, his records
should be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that, in  conjunction  with
his entry level separation  on  1  November  2002,  he  was  issued  a
separation program designator of  “KFF”  and  a  narrative  reason  of
“Secretarial Authority” rather than “Personality Disorder.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-00211 in Executive Session on 26 June 2003, under the  provisions
of AFI 36-2603:

              Mr. Joseph A. Roj, Panel Chair
              Mr. Roscoe Hinton, 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 6 Jan 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFBCMR Medical Consultant, dated
                 8 April 03.
      Exhibit D. Letter, HQ AFPC/DPPRS, dated 25 Apr 03.
      Exhibit E. Letter, SAF/MRBR, dated 9 May 03.




                       JOSEPH A. ROJ
                       Panel Chair






AFBCMR BC-2003-00211
INDEX CODE:  110.00


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction for 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, SSN, be corrected to show that, in conjunction
with his entry level separation on 1 November 2002, he was issued a
separation program designator of “KFF” and a narrative reason of
“Secretarial Authority” rather than “Personality Disorder.”




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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