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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