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AF | BCMR | CY2003 | BC-2003-00505
Original file (BC-2003-00505.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00505
            INDEX CODE:  110.02, 112.10

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His  Reenlistment  Eligibility   (RE)   code   of   2P   (Separated
involuntarily under AFR 39-10 as a marginal performer)  be  changed
and his separation code be changed to either medical reasons or  in
the best interest of the Air Force.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His  RE  code  2P  reflects  him  as  being  absent  without  leave
(AWOL)/Deserter, which was never the situation.  He never missed  a
duty call.  A waiver or correction will allow  him  an  opportunity
for a civilian position with the Federal government.

He was immature and made some stupid statements out of  frustration
and anger for being lied to by the recruiter.  The  statements  got
back to his noncommissioned officers (NCOs) but were later found to
be without truth.

In support of his appeal, applicant submitted a personal  statement
and an employment resume.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 30 Jan  81,  in  the
grade of airman first class, for a period of 6  years.   He  was  a
“Guaranteed  Training  Enlistee,”  with  his  first  regular   duty
assignment as a voice processing specialist.

On 9  Oct  81,  the  squadron  commander  initiated  administrative
discharge action against the applicant, under the provisions of AFR
39-10, para 3-8l, for his failure  to  attain  required  job  skill
proficiency either by associated inaptitude or nonapplication.  The
specific reasons for the proposed action were:

On several occasions applicant alleged that  he  intended  to  sell
classified information to the Russians.

On or about 10 Sep 81, he was diagnosed by the mental health clinic
as having a narcissistic personality disorder and  was  recommended
for disqualification under the Personnel Reliability Program (PRP).

On or about 16 Sep 81, he was removed from  training  for  security
reasons.

On 6 Oct  81,  applicant  acknowledged  receipt  of  the  discharge
notification.  He waived his right to consult counsel and to submit
statements in his own behalf.   On  13  Oct  81,  the  staff  judge
advocate found the case to be legally sufficient.  On  19  Oct  81,
the discharge authority directed applicant be  discharged  with  an
honorable discharge.

On 21 Oct 81, the applicant  was  honorably  discharged  under  the
provisions of AFR 39-10, by reason of marginal  performer  assigned
to initial training, and was issued an RE  code  of  2P  (Separated
involuntarily under AFR 39-10, as marginal performer or to preserve
good  order  and  discipline,  BMT  eliminees  discharged  due   to
erroneous enlistment, concealment of civilian  convictions  and  so
forth).  He served 8 months and 22 days on active duty.

In an Apr 84 change to AFR 35-16, Table 6-2, RE code 2P was changed
to indicate “absent without leave (AWOL); deserter or dropped  from
rolls (DFR).”

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended denial of applicant’s request  to  change
the reason for his discharge.  They found that  the  discharge  was
consistent with the procedural and substantive requirements of  the
discharge regulation.  Additionally, that the discharge was  within
the sound discretion of the discharge authority.  They  also  noted
that the applicant did not submit any new evidence or identify  any
errors or injustices that occurred in the discharge processing.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPAE found that his RE code 2P,  “Separated  involuntarily
under AFR 39-10, as marginal performer or to  preserve  good  order
and  discipline,  BMT  eliminees  discharged   due   to   erroneous
enlistment, concealment of civilian convictions and so  forth,”  is
correct.

A complete copy of the evaluation is at Exhibit D.

The  AFBCMR  Medical  Consultant  states  that  the  applicant  was
evaluated by mental health beginning on 10 Sep 81 on  referral  due
to disruptive behavior and questionable loyalty to the  Air  Force.
“Applicant reports that all he wants from  the  Air  Force  is  his
college degree.”  “He describes himself as “not military”  and  not
interested in  remaining  in  the  military  after  completing  his
degree.  He reports that he does not want to be in Defense Language
Institute (DLI) training, but will remain in the AF if  given  what
he wants.”  “He expressed himself  in  a  demanding,  self-centered
manner.  He was extremely talkative,  and  at  times  grandiose  in
expressing his plans for the future.  Psychological testing reveals
a very self-centered, overactive, impulsive young man.   This  type
of person tends to become irritable and belligerent in response  to
minor frustrations.  It is likely that this  airman  will  continue
his disruptive behavior whenever his own needs are  not  met.”   He
was  diagnosed  with  Narcissistic   Personality   Disorder.    The
psychologist recommended he be disqualified  from  the  Personality
Reliability Program (PRP) and administratively  discharged  due  to
unsuitability.

Applicant requests consideration for a medical discharge  based  on
his diagnosis of personality disorder.  The  applicant’s  commander
had the option of discharging him based on unsuitability due to his
personality disorder.  His  DD  Form  214  would  have  listed  his
narrative reason for discharge as  “Personality  Disorder”  with  a
separation code of JFX “Condition  that  interferes  with  military
service - not disability - personality disorder” and  a  consistent
RE code that barred reenlistment.  Discharges for unsuitability due
to personality disorder are not “medical” discharges.  A  “medical”
or disability discharge is for conditions acquired while on  active
duty that interfere with performance of duty rendering  the  member
“unfit” for continued duty.  Personality  disorders  on  the  other
hand are not a disease, but lifelong patterns of  maladjustment  in
the individual’s personality structure,  which  are  not  medically
disqualifying or unfitting but may render the individual unsuitable
for further military service and may be  cause  for  administrative
action by the individual’s unit commander.

Although the action and disposition in this  case  are  proper  and
equitable reflecting compliance  with  Air  Force  directives  that
implement the law, no change to the record is warranted, however, a
change  in  the  DD  Form  214  to  reflect  separation  based   on
personality disorder is supported by the evidence.

A complete copy of the evaluation is at Exhibit F.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions and further explained
the  circumstances  surrounding  his  short  military  service  and
subsequent discharge.   He  would  like  an  opportunity  to  prove
himself again by serving his country in the  military  and  earning
the right to have his Personnel Reliability  Program  (PRP)  status
changed to an acceptable rating.

In support of his appeal, applicant provided another statement  and
letters of character reference from friends and associates.

Applicant’s complete response, with attachments, is at Exhibit H.

___________________________________________________________________

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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice warranting a correction of  the
applicant’s reenlistment eligibility (RE) code.  At the time of the
applicant’s  separation  in  1981,  his  assigned  RE  Code  of  2P
accurately reflected  his  involuntary  separation  as  a  marginal
performer.  RE Code 2P was subsequently changed to denote that  the
member was absent without leave (AWOL); a deserter or dropped  from
the rolls.  While the applicant’s RE Code of 2P was correct at  the
time  it  was  issued,  applying  today’s   definition   could   be
misconstrued to infer that his separation was due to him being AWOL
or a deserter.  Therefore, to preclude any  possible  injustice  to
the applicant, we recommend that his RE code be  changed  to  “2C,”
which will reflect that he was involuntarily  separated  under  the
provisions of AFR 39-10 with an honorable discharge.  This  is  the
code he would receive today if  he  were  separated  under  similar
circumstances.  Accordingly,  we  recommend  that  the  applicant’s
records be corrected to the extent indicated below.

4.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice warranting a change
to the applicant separation code.  The discharge appears to  be  in
compliance with the governing regulation and we find no evidence to
indicate that his separation from the Air Force was  inappropriate.
Although the applicant has requested that his  separation  code  be
changed to medical reasons or in  the  best  interest  of  the  Air
Force, we found no evidence that his physical  fitness  to  perform
his duties at the time of his separation was questionable.  We note
that the BCMR Medical Consultant indicated  that  the  evidence  of
record supports a change to the applicant’s separation document  to
reflect his separation was based on personality disorder.  However,
this was an option available to the applicant’s commander  when  he
initiated the discharge action for  marginal  performance.   Having
found no evidence  of  error  or  injustice  with  respect  to  the
applicant’s discharge as a marginal performer, we are not persuaded
that the current reason for separation and corresponding separation
code should be disturbed.

5.  Applicant’s request to have his Personnel  Reliability  Program
(PRP) status  changed  to  an  acceptable  rating  is  duly  noted.
However, other than  his  own  assertions,  no  evidence  has  been
presented showing that his disqualification to perform duties under
the PRP was  based  on  erroneous  information.   Furthermore,  PRP
status is only applicable to individuals performing  duties  in  an
official billet  requiring  PRP  certification.   In  view  of  the
foregoing, we find no basis upon which to  favorably  consider  the
applicant’s request.

__________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT be corrected to show that on 21 October 1981,
he was discharged with Reenlistment Eligibility (RE) code “2C.”

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2003-00505 in Executive Session  on  16  July  2003,  under  the
provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. John B. Hennessey, Member
                 Ms. Barbara J. White-Olson, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 Feb 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 6 Mar 03.
     Exhibit D.  Letter, HQ AFPC/DPPAE, dated 15 Apr 03.
     Exhibit E.  Letter, SAF/MRBR, dated 25 Apr 03.
     Exhibit F.  Letter, BCMR Medical Consultant, dated 27 May 03.
     Exhibit G.  Letter, AFBCMR, dated 6 Jun 03, w/atchs.
     Exhibit H.  Letter, Applicant, dated 17 Jun 03, w/atchs.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


AFBCMR BC-2003-00505




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  APPLICANT  be  corrected  to  show   that   on
21 October 1981, he was discharged  with  Reenlistment  Eligibility
(RE) code “2C.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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