RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00707
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge for unsatisfactory performance be changed to a medical
discharge, or in the alternative, the reason for his discharge be changed
to personality disorder.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
His reason for discharge should be changed to disability based on the
diagnosis of Attention Deficit Disorder (ADD) in order for him to qualify
for Montgomery GI Bill benefits.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 2 December 1998, for a
period of four years. His Armed Forces Classification Test (AFCT) scores
were as follows:
Administration 67
Electronic 55
General 52
Mechanical 65
Based on four incidents in which he failed to obey, failed to follow his
checklist, and failed to perform as instructed, he was seen by the Chief,
Psychological Services on 8, 12, and 16 June 2000, for a non-emergency
command-directed Mental Health Evaluation. The Mental Health Evaluation
was completed on 22 June 2000, and based on the diagnosis of borderline
intellectual functioning, it was recommended that he be reassigned to a
less mentally challenging assignment within the squadron or be cross-
trained to a career field more appropriate to his intellectual level. The
diagnosis was determined to not be so severe that his ability to function
in the military was significantly impaired and his administrative
separation was not recommended.
He was disqualified from Air Force Specialty Code (AFSC) 2A333B (Tactical
Aircraft Maintenance), and his AFSC was redesignated as 9A000 (unclassified
airman), effective 6 July 2000.
He was readministered the AFCT on 12 July 2000, resulting in the following
scores:
Administration 33
Electronic 39
General 25
Mechanical 33
He was given the option of accepting his new AFCT scores, or retaining his
old AFCT scores. He elected to retain his old AFCT scores.
On 1 August 2000, his supervisor referred an Enlisted Performance Report
(EPR), rendered for the period 2 December 1998 through 1 August 2000. The
report contained ratings in Section III, Item 3 (How Well Does Ratee Comply
with Standards?), and Item 4 (How is Ratee’s Conduct on/off Duty?), and
comments in Section V (Rater’s Comments) and Section VI (Additional Rater’s
Comments), that made the report a referral.
The commander notified him on 16 January 2001, that he was recommending his
discharge for unsatisfactory performance - failure to perform assigned
duties properly. The commander stated his reasons for the action were as
follows:
a. On 1 and 2 November 1999, he failed to study his Career
Development Course (CDC) materials or to have those materials available to
do so, as evidenced by a Letter of Counseling (LOC), dated 5 November 1999,
and a Memorandum for Record (MFR), dated 20 December 2000.
b. On 12 November 1999, he was found lacking in both attention to
detail and situational awareness, as evidenced by an LOC, dated 12 November
1999, and an MFR, dated 20 December 2000.
c. On 15 November 1999, he failed to obey simple instructions, as
evidenced by an LOC, dated 15 November 1999, and an MFR, dated 21 December
2000.
d. On 5 July 2000, he again failed to follow simple instructions,
as evidenced by an LOC, dated 5 July 2000.
e. On 12 July 2000, he was disqualified from his current AFSC, as
evidenced by an AF Form 422, Physical Profile Serial Report, dated 12 July
2000; a Mental Health Evaluation, dated 22 June 2000; and an MFR, dated 2
November 2000, with attachment.
f. On 19 December 2000, he failed to go to a mandatory
appointment, as evidenced by a Letter of Admonishment (LOA), dated
18 December 2000.
The separation authority approved his discharge for unsatisfactory
performance - failure to perform assigned duties properly, and determined
that he was not a suitable candidate for probation and rehabilitation.
He was honorably discharged on 14 February 2001, under the provisions of
AFI 36-3208 (Unsatisfactory Performance). He completed 2 years, 2 months,
and 13 days of active service.
_________________________________________________________________
AIR FORCE EVALUATIONS:
The BCMR Medical Consultant states, in part, that although the action and
disposition in this case were proper and equitable, if acceptable to the
applicant, the reason for his discharge could be changed to personality
disorder. As a result of his failure to progress in his CDC, inattention
to detail, difficulty following instructions, and required close
supervision, he was evaluated by mental health and diagnosed with
borderline intellectual function, and properly discharged based on his
unsatisfactory performance. He was not diagnosed with ADD while on active
duty, nor has he provided evidence that he was diagnosed with the condition
since his discharge. Although he was not diagnosed with a personality
disorder or other mental disorder, his existing prior to service (EPTS)
developmental condition appears to have been the underlying cause for his
failure to progress, and could be considered the basis for his discharge.
Were he discharged for his borderline intellectual functioning, his
narrative reason for separation would have been personality disorder, since
all unsuiting mental conditions that result in administrative discharge are
administratively labeled as such. Furthermore, changing his reason for
discharge to personality disorder may enable him to access Montgomery GI
Bill benefits.
The BCMR Medical Consultant’s evaluation is at Exhibit C.
AFPC/DPPD recommends the application be denied and states, in part, that
the applicant has not provided medical documentation to substantiate that
an injustice occurred during his involuntary administrative discharge
processing. However, they do not object to the BCMR Medical Consultant’s
recommendation that his reason for discharge be changed to personality
disorder, provided the applicant agrees, it legally qualifies him for
Montgomery GI Bill benefits, and is not associated or tied into the
military disability evaluation process. The unit’s unsuccessful attempt to
retrain him left them no choice but to initiate administrative separation
since he was unable to reasonably perform his duties. If he had been
processed through the Air Force Disability Evaluation System, it appears
that an Informal Physical Evaluation Board (IPEB) would have considered his
borderline retardation as being unsuiting, rather than unfitting, not
ratable or compensable, and recommended he be returned to duty for
processing under the appropriate Air Force Instruction for his situation.
All evidence indicates that the administrative discharge action taken by
the unit at the time of his discharge was appropriate.
The AFPC/DPPD evaluation is at Exhibit D.
AFPC/DPPAT recommends the applicant be advised to reapply for Montgomery GI
Bill benefits and submit the appropriate supporting documents should the
AFBCMR grant relief. The Department of Veterans Affairs (DVA) may award
Montgomery GI Bill benefits to an individual separating for unsatisfactory
performance if he/she served at least the full first period of obligated
active duty. The law permits the DVA to award benefits to an individual
serving 26 or fewer months if he/she separates for a mental condition that
interferes with duty (i.e., personality disorder).
The AFPC/DPPAT evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:
The applicant states that he has been diagnosed as being a paranoid
schizophrenic and is 100% disabled. His psychiatrist told him it could
have been caused from his military service. Perhaps when he was evaluated
at behavioral health they did not realize his problem.
Applicant’s complete submissions are 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 applicant’s
administrative separation for unsatisfactory performance to a medical
discharge. Although the applicant requests a medical discharge, he
provides no evidence that he was unfit for continued military service. In
this respect, we note that a finding of unfitness is a prerequisite of any
disability processing. In the applicant’s case, although his Borderline
Intellectual Functioning was an unsuiting condition, it did not render him
unfit for military service. In view of the foregoing, we find no basis
upon which to recommend favorable action on his request for a medical
discharge.
4. The BCMR Medical Consultant has indicated that since the applicant’s
EPTS developmental condition appears to have been the underlying cause for
his discharge, the narrative reason for discharge could be changed to
Personality Disorder (a condition that interfered with military service).
We agree with his opinion and the applicant also concurs with this
recommendation. Therefore, we recommend that the records be corrected to
the extent indicated below. Additionally, the recommended change to the
applicant’s narrative reason for discharge may entitle him to benefits
under the Montgomery GI Bill. Therefore, it is suggested that he reapply
to the Department of Veterans Affairs with respect to this issue.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 14 February 2001, he was
honorably discharged under the provisions of AFI 36-3208, paragraph 5.11.1
(Personality Disorder) and issued a Separation Program Designator (SPD)
code of “JFX.”
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-00707
in Executive Session on 23 September 2003 and 20 January 2004, under the
provisions of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Mr. James W. Russell, III, Member
Mr. Jay H. Jordan, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 15 May 03.
Exhibit D. Letter, AFPC/DPPD, dated 18 Jun 03.
Exhibit E. Letter, AFPC/DPPAT, dated 14 Jul 03.
Exhibit F. Letter, SAF/MRBR, dated 25 Jul 03.
Exhibit G. Letters, Applicant, undated.
JOHN L. ROBUCK
Panel Chair
AFBCMR BC-2003-00707
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 14 February 2001, he
was honorably discharged under the provisions of AFI 36-3208, paragraph
5.11.1 (Personality Disorder) and issued a Separation Program Designator
(SPD) code of “JFX.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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