RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01212
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. The narrative reason for his discharge be changed to "Convenience of
the Government" or "Secretarial Authority".
2. His reenlistment eligibility (RE) code be changed to 3A.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During the time he served on active duty he was suffering from an
Adjustment Disorder. His Adjustment Disorder led to his decision to admit
to use of marijuana. He had in fact not used marijuana and made the false
statement out of hopelessness. Up to that point, his service record was
clean. Prior to completing drug and alcohol rehabilitation he received
treatment at Sembach Mental Health Clinic. His last performance report
prior to going overseas indicated a lower marking in Adaptability to
Military Life and Bearing and Behavior, which should have indicated that he
was having problems. He sought counseling from the Chaplain while he was
in technical training. His mother was ill and eventually passed away. He
requested a hardship discharge, but his request was denied. These combined
problems in addition to his assignment overseas clearly indicated he was
having problems. A previously approved AFBCMR case, Docket Number BC-2002-
01549, is similar to his situation.
In support of his request, applicant provided a personal statement, his
mother's obituary, documentation associated with his request for hardship
separation action, his Airman Performance Reports (APRs) closing 31 Jan 87
and 12 Dec 87, his Letter of Evaluation (LOE) closing 30 Oct 86, documents
extracted from his medical records, documentation associated with his
discharge action, and his training and education certificated. His
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 23 Oct 85. He was promoted
to the grade of airman first class having assumed that grade effective and
with a date of rank of 7 Dec 85. On 15 Dec 87, applicant requested
voluntary separation for humanitarian/hardship reasons. On 29 Dec 87, his
request was disapproved. The discharge authority determined that his
stated reasons did not qualify for early separation and that early
separation was not in the best interest of the Air Force. On 4 May 88,
applicant was notified by his commander that he was recommending that he be
honorably discharged from the Air Force under the provisions of AFR 39-10,
paragraph 5-49c, for drug abuse. The reason for this action was his
admission that he used marijuana while on active duty. The applicant was
advised of his rights in this matter and acknowledged receipt of the
notification on that same date. After consulting counsel, he elected not
to submit statements on his own behalf. In a legal review of the case
file, the Staff Judge Advocate (SJA) found the case legally sufficient.
The SJA did not concur with the commander's recommendation for an honorable
discharge and recommended discharge with a general (under honorable
conditions) discharge without probation or rehabilitation. The discharge
authority concurred with the SJA recommendation and directed he be
discharged and issued a general discharge. The applicant was discharged on
8 Nov 88. He served 3 years and 16 days on active duty.
On 11 Jan 01, the Air Force Discharge Review Board (AFDRB) considered
applicant's request for upgrade of his discharge to honorable and to change
his reason for discharge. The AFDRB granted his request to upgrade his
discharge to honorable and denied his request to change the reason for his
discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states the applicant developed symptoms of depressed mood due to the stress
associated with his parents divorce and his mother's ongoing difficulties.
His first duty station was close to home enabling him to provide emotional
support. However, when he received orders to Germany, he applied for
separation. He presented to the mental health clinic shortly after his
arrival to Germany with symptoms of depressed mood. The mental health
encounters did not result in a recommendation for administrative separation
and on 29 Mar 8, he admitted to the use and possession of marijuana while
on active duty. He was issued a Letter of Reprimand. His mental health
provider noted that drug abuse was a method he used as an attempt to get
out of the Air Force. When the attempt failed, he expressed thoughts of
suicide to accomplish his goal. The commander subsequently initiated
discharge action.
The applicant was diagnosed with Adjustment Disorder with Depressed Mood.
One of the features of Adjustment Disorder is that the condition resolves
with relief of the stressors. Not all members who develop Adjustment
Disorder are automatically recommended for administrative discharge. When
the member is able to continue performing their military duties, a period
of treatment often results in satisfactory resolution of symptoms and the
ability to remain on active duty. The documentation indicates he was able
to perform his duty but was not motivated for therapy. The Adjustment
Disorder did not render him unable to distinguish right from wrong or
unable to conform his behavior to the law. His statement admitting drug
use was a willful act to achieve his desire to separate from the Air Force.
The fact that he is functioning well at this time at home confirms his
diagnosis of Adjustment Disorder, however it does not predict that he will
at this time respond well to the stresses of military operations,
deployment, or combat when separated from his familiar surroundings and
usual support system. Further, his post-service civilian experience with
recurrent Adjustment Disorder is further predictive of an increased risk of
recurrence of symptoms of Adjustment Disorder if re-exposed to the rigors
of military service. The Medical Consultant Evaluation is at Exhibit C.
AFPC/DPPRS recommends denial. DPPRS states that the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation and was within the discretion of the discharge
authority. The applicant did not submit any new evidence or identify any
errors in his discharge processing. Separation for the "Convenience of the
Government" is a generic term used to describe a number of voluntary and
involuntary separations, and these separations have their own separation
codes and narrative reason as designated by the DoD. The DPPRS evaluation
is at Exhibit D.
AFPC/DPPAE recommends denial. The RE code 2C "involuntarily separated with
an honorable discharge; or entry level separation without characterization
of service" is correct. No additional evidence has been provided to
support changing the RE code. The DPPAE evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that the Medical Consultant missed the fact that had he
been sent to Mental Health prior to his overseas assignment he could have
possible been diagnosed and entered into a treatment program or received
counseling. Upon his arrival at Germany he was suffering from a severe
Adjustment Disorder for which he is still on medication. He cannot
describe the hopelessness and depression that he was experiencing at the
time of his statement of drug use. While himself and others are ashamed of
having seen a mental health professional, they are there to help. He has
been through a program and received help and functions successfully in any
environment. His complete submission is at Exhibit G.
_________________________________________________________________
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 that would warrant a change in his reason
for discharge. In this respect, we note that the narrative reason for the
applicant's discharge from the Air Force reflects "Misconduct-Other Serious
Offenses." While we do not find his admission to drug abuse, in an attempt
to affect his discharge from the Air Force appropriate, a thorough review
of the evidence of record does not reveal any additional behavior on the
applicant's part. In addition, we note that in previous consideration of
his case, the Air Force Discharge Review Board upgraded the
characterization of his service from general to honorable. Accordingly it
is our opinion that his records should be corrected to reflect that the
narrative reason for his discharge is "Secretarial Authority" and recommend
his records be corrected as indicated below.
4. Notwithstanding the above, insufficient relevant evidence has been
presented to demonstrate the existence of error or injustice with respect
to his request for a change of his RE code. His contentions are duly
noted; however, we do not find his assertions sufficiently persuasive to
warrant upgrading his RE code. It appears that the applicant's
difficulties adapting to military life had its basis in his not being
assigned to a preferred duty station. While it appears that he has made a
successful adjustment in the less-stressful civilian environment, we see no
evidence, which would lead us to believe that he would now be amendable to
the demands of military life. Therefore, we agree with the Air Force
offices of primary responsibility and adopt their rationale as the basis
for our conclusion that he has not been the victim of an error or injustice
with regards to this matter.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 8 November 1988, he was
discharged under the provisions of AFR 35-10, paragraph 1-2 (Secretarial
Authority), with a Separation Program Designator (SPD) code of KFF.
_________________________________________________________________
The following members of the Board considered Docket Number bc-2003-01212
in Executive Session on 13 Nov 03, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Gregory H. Petkoff, Member
Mrs. Carolyn J. Watkins-Taylor, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Apr 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 7 Jul 03.
Exhibit D. Letter, AFPC/DPPRE, dated 25 Jul 03.
Exhibit E. Letter, AFPC/DPPAE, dated 30 Sep 03.
Exhibit F. Letter, SAF/MRBR, dated 10 Oct 03.
Exhibit G. Letter, Applicant, not dated.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2003-01212
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 8 November 1988, he was
discharged under the provisions of AFR 35-10, paragraph 1-2 (Secretarial
Authority), with a Separation Program Designator (SPD) code of KFF.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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