RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00871
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be changed to a disability discharge/retirement.

His narrative reason for separation, separation code and  reenlistment
eligibility (RE) code be changed on his DD Form 214.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was misdiagnosed and discharged under false pretense.  A Department
of Veterans Affairs (DVA) diagnosis was made that determined he had  a
bipolar disorder and migraine headaches, which were caused by  a  1983
head injury incurred in the line of duty, and were service  connected.
He agrees he should have been released  from  active  duty  under  the
accurate diagnosis and given the RE code of 4K,  which  defined  means
“Temporarily medically disqualified for continued service;  applicable
physical standards are not met.”

In support of his request, the applicant submits a personal statement.
 The applicant’s complete submission, with attachment, is  at  Exhibit
A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular  Air  Force
on 4 August 1980.  He was progressively promoted to the grade of staff
sergeant (E-5), with an effective date and date of  rank  of  1  April
1985.  He reenlisted on 23 August 1985 for a period of six years.

On 26 January 1990, the applicant received notification  that  he  was
being recommended for  discharge  due  to  a  character  and  behavior
disorder.  Specifically, a 1 December 1989  commander-directed  mental
health evaluation diagnosed the applicant as  having  an  Occupational
Problem,  Passive-Aggressive   Personality   Disorder   and   migraine
headaches.  The applicant acknowledged receipt  of  the  notification.
On 6 February 1990, after being interviewed and counseled by the  Area
Defense counsel concerning  his  rights,  the  applicant  submitted  a
waiver of his right to a discharge board conditioned on his receipt of
an honorable discharge.  On 28 February 1990, the discharge  authority
approved the recommended separation and directed that the applicant be
issued an honorable discharge.

On 26 March 1990, the applicant was  honorably  discharged  under  the
provisions of AFR  39-10  (conditions  that  interfere  with  military
service-not  disability-character  and  behavior  disorder),  with   a
separation code of “HFX”.  He had completed  a  total  of  9 years,  7
months and 23 days on active duty and was  serving  in  the  grade  of
staff sergeant (E-5) at the time of discharge.  He received an RE Code
of 2C, which defined means "Involuntarily separated with an  honorable
discharge; or  entry  level  separation  without  characterization  of
service."

The  records  of  the  Department  of  Veterans  Affairs  reflect  the
applicant’s combined disability rating as 80 percent.
_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR Medical Consultant summarized the  information  contained  in
the applicant’s  personnel  and  medical  records.   He  states  that,
although current psychiatric opinions conclude that in retrospect  the
applicant was manifesting symptoms of Bipolar Disorder while on active
duty, no diagnostic errors were made by the numerous competent  mental
health professionals who evaluated  the  applicant  and  no  error  or
injustice occurred.  Action and disposition in this  case  are  proper
and equitable reflecting compliance with  Air  Force  directives  that
implement the law.  He is  of  the  opinion  that  no  change  in  the
applicant’s record is warranted.  Details of  his  evaluation  are  at
Exhibit C.


HQ AFPC/DPPD recommends the application be denied.  DPPD  states  that
the preponderance of evidence appears to justify the discharge  action
taken with no individual biases  or  injustices  noted.   The  medical
aspects of the case are provided by the BCMR Medical Consultant;  DPPD
concurs with his comments and recommendation that  no  change  in  the
record is warranted.  The HQ AFPC/DPPD evaluation is at Exhibit D.


HQ AFPC/DPPAE states that the applicant’s RE code of “2C” is  correct.
No evidence was presented to support changing the  RE  code.   The  HQ
AFPC/DPPAE evaluation is at Exhibit E.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on  23
January 2004 for review and response.  As of this  date,  no  response
has been received by this office (Exhibit F).
_________________________________________________________________

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   error   or   injustice.    The   applicant   was
administratively discharged, because of unsuitability due to a  mental
disorder not falling under the purview of the disability  system.   It
should be  noted  that  an  individual’s  condition  at  the  time  of
separation or final disposition governs whether or not the  member  is
referred for disability processing.   In  order  to  be  referred  for
disability processing, the member’s fitness for worldwide duty must be
seen as questionable.  Decisions of this nature are based on  accepted
medical principles.  While the  applicant’s  behavior  was  cause  for
referral for mental health evaluations, it was  the  determination  of
health care  providers  that  his  condition  at  that  time  was  not
unfitting, but rather, was cause for the initiation of  administrative
separation action.  Upon notification of  the  discharge  action,  the
applicant waived  his  right  to  an  administrative  discharge  board
hearing contingent on receipt of  an  honorable  discharge.   We  took
notice of the applicant’s complete submission in judging the merits of
the case and have seen no persuasive evidence that would  lead  us  to
believe he was not treated fairly and properly by the  Air  Force  and
all procedures were followed.  We, therefore, agree with  the  opinion
and recommendation of the BCMR Medical Consultant  and  conclude  that
the applicant has failed to sustain his burden that  he  has  suffered
either an error or  injustice.   In  view  of  the  above  and  absent
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 25 March 2004, under the provisions  of  AFI  36-
2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Ms. Beth M. McCormick, Member
                  Mr. Albert C. Ellett, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2003-00871.

   Exhibit A.  DD Form 149, dated 28 Feb 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 3 Sep 03.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 22 Dec 03.
   Exhibit E.  Letter, HQ AFPC/DPPAE, dated 16 Jan 04.
   Exhibit F.  Letter, SAF/MRBR, dated 23 Jan 04.




                                   ROBERT S. BOYD
                                   Panel Chair