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AF | BCMR | CY2004 | BC-2003-00945
Original file (BC-2003-00945.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00945
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code of 2C  is  in  error.   He  states  that  he  does  not  have  a
personality disorder.  His outlook on life has changed  and  he  desires  to
reenlist in the Air Force.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 February 1996 in the  grade
of airman basic.

On 15 November 2000, applicant was notified of  his  commander's  intent  to
initiate discharge action against him for conditions  that  interfered  with
military service.  The specific reasons follow:

      On 27 January 1997, the applicant expressed  depression  and  suicidal
ideation to a friend causing him  to  notify  a  supervisor  and  the  first
sergeant.  As a result, a Chaplain counseled him.

      On 29  January  1998,  he  again  expressed  depression  and  suicidal
ideation.  As a result, he was transported to an  Army  Medical  Center  for
treatment.

      On 6 February 1998, the applicant’s  commander  referred  him  to  the
mental health clinic for a mental health evaluation.

      On 13 February 1998, he was evaluated by  a  physician  and  found  to
have a mental disorder with paranoid and dependent traits.

      On 24 February 1998, he was admitted to an Army Medical Center for  an
attempted overdose.

      On 26 February 1998, another physician who diagnosed him as  having  a
personality disorder with paranoid and dependent traits evaluated him.   The
diagnosis stated that the applicant’s pattern of  behavior  interfered  with
his ability to function effectively in the military environment and that  he
had the propensity for future suicide attempts in a stressful environment.

The commander advised applicant of his right to consult  legal  counsel  and
to submit statements in his own behalf; or  waive  the  above  rights  after
consulting with counsel.

The commander indicated in his  recommendation  for  discharge  action  that
before recommending the discharge, the applicant received counseling with  a
chaplain during the month of January  1997  for  an  incident  in  which  he
expressed suicidal ideations.  On  29  January  1998,  the  applicant  again
expressed suicidal ideations and was evaluation by a staff  psychiatrist  at
an Army Medical Center emergency room.  On 24 February 1998,  the  applicant
was admitted to a medical center after an attempted overdose on  Buspar  (an
anxiolitic medication) and evaluated by a physician  at  the  mental  health
clinic.  On 13 February 1998, another  physician  conducted  the  evaluation
and both physicians agreed that the applicant had a mental  disorder,  which
interfered with his ability to function effectively  in  the  military,  and
therefore he should be separated.  The commander further stated that he  did
not recommend probation  and  rehabilitation.   Both  physicians  stated  in
their respective evaluations of the applicant that mental  health  treatment
was unlikely to sufficiently improve the  applicant’s  ability  to  function
effectively in the military.

An  undated  legal  review  was  conducted  and  the  staff  judge  advocate
recommended the applicant be honorably discharged from  the  Air  Force  for
conditions  that  interfere  with  military  service,  specifically   mental
disorders, under AFI 36-3208,  paragraph  5.11.1  -  without  probation  and
rehabilitation.

On  1  April  1998,  the  convening  authority  approved   the   applicant’s
discharge.

Applicant was honorably discharged on 15 May 1998, in the  grade  of  airman
first class, in accordance  with  AFI  36-3208  (Personality  Disorder)  and
given an RE code of 2C.  He completed 2 years, 1 month and 26 days of  total
active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   He  indicates  that  the
applicant was diagnosed  with  an  Adjustment  Disorder  and  a  Personality
Disorder that significantly  impaired  his  performance  of  military  duty.
Adjustment Disorder and Personality Disorder are  conditions  that  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.  Often  the  nature  of  military
duty places greater  pressures  on  the  individual  than  on  civilians  in
similar duties, and these disorders frequently become more manifest.

Action and disposition in this case  are  proper  and  equitable  reflecting
compliance with Air Force directives that implement the law.  No  change  in
the records is warranted.

The evaluation is at Exhibit C.

AFPC/DPPRS  recommended  denial.   They  indicated  that  based   upon   the
documentation in the file, they believe the discharge  was  consistent  with
the procedural and substantive requirements  of  the  discharge  regulation.
The  discharge  was  within  the  discretion  of  the  discharge  authority.
Applicant’s separation program  designator  (SPD)  code  “JFX”  (personality
disorder) is correct based on the reason for discharge.  The  applicant  did
not submit any new evidence  or  identify  any  errors  or  injustices  that
occurred in the discharge processing.  He has not filed a timely request.

The evaluation is at Exhibit D.

AFPC/DPPAE  recommended  denial.   They  indicated  that  the  RE  code   2C
(Involuntarily  separated  with  an  honorable  discharge;  or  entry  level
separation without characterization of service) is correct.

The evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 November 2003, copies of the Air Force evaluations were  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________





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 that would warrant a  change  to  his  RE
code.  After a thorough  review  of  the  evidence  of  record  we  are  not
persuaded that given the circumstances surrounding his separation  from  the
Air Force, that the RE code  should  be  changed.   The  applicant  has  not
provided any evidence which would lead us to  believe  otherwise.   We  note
the  opinion  from  the  BCMR  Medical  Consultant   which   indicates   the
applicant’s  condition  was  so  severe  that  his   ability   to   function
effectively in a military environment  was  significantly  impaired.   Also,
that the nature of military duty places greater pressures on  an  individual
and disorders frequently become more manifest.  The applicant has not  shown
to the satisfaction of the Board that it would be to the applicant’s or  the
Air Force’s benefit to return him to a situation that  has  caused  so  much
distress  in  the  past.   Further,  the   applicant   has   not   submitted
documentation indicating the nature of his medical condition  since  leaving
the military.  Therefore, in the  absence  of  persuasive  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or an 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 22 January 2004, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Gregory H. Petkoff, Member
                 Mr. Albert Ellett, Member






The following documentary evidence pertaining AFBCMR Docket Number  BC-2003-
00945 was considered:

   Exhibit A.  DD Form 149, dated 14 March 2003, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant,
               dated 24 June 2003.
   Exhibit D.  Letter, AFPC/DPPRS, dated 24 July 2003.
   Exhibit E.  Letter, AFPC/DPPAE, dated 3 October 2003.
   Exhibit F.  Letter, SAF/MRBR, dated 21 November 2003.




                       MICHAEL K. GALLOGLY
                       Panel Chair



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