RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-00966
                                       INDEX CODE:  108.00
      XXXXXXXXXXXXX                     COUNSEL: American Legion

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  administrative  discharge  (honorable)  be  changed  to  a   disability
retirement.
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APPLICANT CONTENDS THAT:

His  Axis  I  psychiatric  diagnosis  of   adjustment   disorder   warranted
evaluation in the Disability Evaluation System  (DES).   He  was  discharged
improperly because he suffered an injury during a fight with a  fellow  dorm
member, it was aggravated continuously while in the service,  and  continues
to be aggravated today due to lack  of  treatment  from  the  Department  of
Veterans Administration (DVA).

In support of his application, the applicant provides a personal  statement;
documentation  from  his   mental   health   evaluation;   his   commander’s
notification of recommended discharge; excerpts from Air Force  Instructions
(AFIs) 48-123, 36-3212, and 36-3208; a  copy  of  a  memorandum  for  record
(MFR)  counseling  session;  and  a  copy  of  an  investigating   officer’s
statement.  The applicant’s complete submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 November 1994, the applicant enlisted in the Regular Air Force at  the
age of 20 in the grade of airman basic (E-1) for a  period  of  four  years.
He was trained as a Communications - Computer Systems  Apprentice.   He  was
progressively promoted to the grade of airman first  class  (E-3)  effective
30 March 1996.  He received two  enlisted  performance  reports  during  the
period 30 November 1994 through 20  February  1997,  both  with  an  overall
rating of two.

The applicant received three letters of reprimand  (LORs)  from  27 February
1996  to  18  December  1996  for  dereliction  in  performance  of  duties;
inappropriate behavior and  unprofessional  leadership;  and  departing  his
duty section without  permission  or  leave.   His  commander  directed  the
applicant to report for a mental health evaluation on 15 January 1997.   The
mental health evaluation, rendered diagnoses  of  Adjustment  Disorder  with
mixed  disturbance  of  emotions  and  conduct  on  Axis  I  of  the  formal
psychiatric diagnosis, and  Personality  Disorder  not  otherwise  specified
with passive aggressive and paranoid personality traits on Axis  II  of  the
formal psychiatric diagnosis.   The  attending  physician  stated  that  the
applicant’s condition was so severe as to interfere with  continued  service
and that an administrative discharge was recommended.

On 25 February 1997, the applicant was notified of  his  commander’s  intent
to recommend that he be discharged because of a  condition  that  interferes
with  military  service.   The  applicant  acknowledged   receipt   of   his
commander’s intent.  On 25 February 1997, the applicant’s  commander  signed
a recommendation to the discharge authority for  the  applicant’s  discharge
based on conduct prejudicial to good order and discipline.  On  27  February
1997, the applicant indicated he had consulted counsel and waived his  right
to submit statements.  On 6 March 1997, the discharge case  file  was  found
to be legally sufficient  by  the  staff  judge  advocate  assigned  to  the
discharge  authority’s  staff.   The  discharge   authority   approved   the
discharge under the provisions of  AFR  36-32  and  AFI  36-3208,  paragraph
5.11.1 on 10 March 1997  and  directed  that  the  applicant  be  discharged
without probation or rehabilitation.  The applicant was  separated  with  an
honorable discharge effective 22 March 1997 with a separation  code  of  JFX
(personality disorder) and a reentry code  of  2C  (involuntarily  separated
with an honorable discharge).  He had served 2 years, 3 months and  23  days
on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant  is  of  the  opinion  that  no  change  in  the
applicant’s records is warranted.  The BCMR Medical Consultant  states  that
Adjustment  Disorder  and  Personality  Disorder  are  conditions  that  are
medically  disqualifying  or  unfitting  but  may  render   the   individual
unsuitable  for  further  military  service  and  may  be  the   cause   for
administrative  action  by  the  individual’s  unit  commander.   Adjustment
Disorder and Personality Disorder are specifically excluded as a reason  for
disability evaluation.  For purposes of military  disability,  AFI  36-3212,
attachment 1  and  DoD  Instruction  1332.38,  paragraph  E2.1.25  states  a
physical disability is defined as including mental disease,  “but  not  such
inherent defects as behavioral disorders, adjustment disorders,  personality
disorders, and primary mental deficiencies.”   AFI  36-3208,  Administrative
Separation of Airmen, paragraph 5.11.9, lists Adjustment  Disorder  as  well
as Personality Disorder as a basis  for  administrative  separation  due  to
unsuitability.  Review of the applicant’s medical records found no  evidence
of any other medical condition that warranted evaluation in  the  disability
system.  It is the opinion of the BCMR Medical Consultant  that  action  and
disposition in this case were proper  and  equitable  reflecting  compliance
with Air  Force  directives  that  implement  the  law.   The  BCMR  Medical
Consultant’s evaluation is at Exhibit C.

AFPC/DPPD recommends denial of the applicant’s request.  It is  the  opinion
of  DPPD  that  the  applicant  has  failed  to  provide  any  material   or
documentation  to  show  an  injustice  occurred  during   his   involuntary
administrative  discharge  processing.   The   preponderance   of   evidence
provided by the applicant does not substantiate or support his  request  for
a disability discharge.  DPPD agrees  with  the  BCMR  Medical  Consultant’s
evaluation.  The DPPD evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on  18
July 2003 for review and response (Exhibit E).   As  of  this  date,  this
office has received no response.

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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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case and do not  find  that
it supports a determination that  the  applicant  was  improperly  separated
from active  duty  in  1997.   The  applicant’s  medical  records  found  no
evidence of any other medical condition that  warranted  evaluation  in  the
disability system.  Therefore,  we  agree  with  the  opinion  of  the  BCMR
Medical Consultant that action and disposition in this case were proper  and
equitable reflecting compliance with Air  Force  directives  that  implement
the law.  In the absence of evidence to the contrary, we find no  compelling
basis to recommend granting the relief sought in this application.

_________________________________________________________________

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 27 August 2003, under the provisions of AFI 36-2603:

            Ms. Marilyn Thomas, Vice Chair
            Ms. Mary J. Johnson, Member
            Mr. John B. Hennessey, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2003-00966
was considered:

      Exhibit A.  DD Form 149, dated 15 Mar 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 2 Jun 03.
      Exhibit D.  Letter, AFPC/DPPD, dated 8 Jul 03.
      Exhibit E.  Letter, SAF/MRBR, dated 18 Jul 03.




                                  MARILYN THOMAS
                                                   Vice Chair