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AF | BCMR | CY2004 | BC-2003-01254
Original file (BC-2003-01254.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01254
            INDEX CODE:  110.00

            COUNSEL:  None

            HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The reenlistment eligibility (RE) code he received  be  changed  to  a
more favorable code.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While serving in the Philippines, he felt  ostracized  by  his  fellow
servicemembers because he did not drink and  smoke.   He  developed  a
relationship with the dependent of  another  servicemember.   He  felt
more at ease with these people than with  his  fellow  servicemembers.
He enjoyed being with these people because he was able to play  sports
which he loved.  Someone found  out  about  his  friendship  with  the
dependent and he was psychologically evaluated and was found  to  have
no disorders.   He  was  reevaluated  and  he  received  a  less  than
favorable report.  He believes his relationship with the dependent was
misinterpreted and he was harshly singled out.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  14  July  1987  for  a
period of four years as an airman basic.

On 31 July 1989, applicant was notified of his commander's  intent  to
recommend  him  for  discharge  for  conditions  that  interfere  with
military service, character and behavior disorder.

The commander stated the proposed discharge was based on the diagnosis
of a 6  June  1989  mental  health  evaluation  which  determined  the
applicant had a severe character disorder.

In the recommendation for discharge, the commander cited the following
derogatory information:

     On 1 June 1988, the applicant failed to report to duty during  an
exercise.  For this misconduct, he received  a  Record  of  Counseling
dated 4 June 1988.

     On 23 July 1988, the applicant was counseled for failing  to  put
sufficient time and effort  into  his  upgrade  training.   Which  was
annotated as a Record of Counseling on the same date.

     On 20 September 1988, the applicant was late making  payments  to
the Airmen’s Open Mess.  For this misconduct, he received a Notice  of
Indebtedness dated 3 October and a Letter of Reprimand (LOR) dated  10
October 1988.

     On 27 September 1988, the applicant failed to follow safe driving
practices on the  flightline.   For  this  misconduct,  the  applicant
received a Record of Counseling dated 28 September 1988 and an undated
AF Form 1924.

     In a memorandum dated 4 October  1988,  the  applicant  exhibited
serious financial  irresponsibility  by  his  checking  account  being
overdrawn and having numerous outstanding bills.

     On 21  November  1988,  the  applicant’s  American  Express  Bank
account was overdrawn, as  evidenced  by  an  undated  Memorandum  for
Record.

     In a memorandum for record dated 2 December 1988,  the  applicant
had a returned check for insufficient funds on 1 December 1988.

     In a memorandum for record dated 16 December 1988, the  applicant
on 12 December was late in making payments on a loan.

     On 8 March 1989, the applicant was  delinquent  in  his  American
Express account in the amount of $260.26.  Also, during this  time  he
owed money to his houseboy and his  shop.   For  this  misconduct,  he
received a memorandum for record dated 7 March 1989,  a  LOR  dated  9
March 1989 and the establishment of an  Unfavorable  Information  File
(UIF) on 20 March 1989.

     On 20 March 1989, the applicant was counseled on his  failure  to
obey an order and failure to pay attention to detail, as evidenced  by
a Record Counseling dated 10 May 1989.

     On 4 June 1989, the applicant  failed  to  report  for  mandatory
disabled  aircraft  training.   For  this  misconduct,  the  applicant
received a LOR dated 6 June 1989 and a entry in his UIF  dated  7 June
1989.

The commander advised the 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 the applicant was given ample opportunity for rehabilitation  and
that he believed it would be in the best interests of the Air Force to
separate the applicant  without  probation  and  rehabilitation.   The
commander indicated he sent the applicant to Mental  Health  where  it
was diagnosed that his problems stem from a personality disorder.

On 8 September 1989, after consulting with counsel,  applicant  waived
his right to submit a statement.

On 26 September 1989, a legal review was conducted in which the  staff
judge advocate (SJA) recommended the applicant be discharged  with  an
honorable discharge without probation and rehabilitation.

The applicant was honorably discharged on  17  October  1989,  in  the
grade of airman  first  class,  under  the  provisions  of  AFR  39-10
(conditions that interfere with military service -  not  disability  -
character and behavior disorder), with  an  RE  code  of  “2C”,  which
indicates the applicant was involuntarily separated with an  honorable
discharge or entry level separation without service  characterization.
He served two years,  three  months  and  four  days  of  active  duty
service.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief  Medical  Consultant,  AFBCMR,  states   that   personality
disorders are a lifelong patterns of maladjustment in the individual’s
personality  structure  which  are  not  medically  disqualifying   or
unfitting which can render the servicemember unsuitable for  continued
military service and may be  cause  for  administrative  action.   The
applicant was diagnosed with a personality disorder that rendered  him
unsuitable for continued military  service.   A  personality  disorder
that is found to be severe enough to warrant administrative action  is
permanently disqualifying for reenlistment into military service.  The
AFBCMR  Medical  Consultant  recommends  the  applicant’s  request  be
denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPRS states based on the  documentation  in  the  applicant’s
file, his discharge was consistent with the procedural and substantive
requirements of the discharge regulation and the discharge was  within
the discretion of the discharge authority.  AFPC/DPPRS further  states
they concur with the AFBCMR Consultant that  the  applicant’s  records
remain the same and his request be denied.

A complete copy of the Air Force evaluation is attached at Exhibit D.

HQ AFPC/DPPAE states the applicant received a reenlistment eligibility
code of "2C," indicating the member was involuntarily  separated  with
an   honorable   discharge,   or   entry-level   separation    without
characterization, which  is  correct.   Furthermore,  they  state  the
applicant has not provided any evidence to support a change in his  RE
code and that waivers of RE codes are considered and approved  on  the
basis of the needs of the respective military service  and  recruiting
initiatives at the time of the enlistment inquiry (Exhibit E).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
10 October 2003, for  review  and  response.   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 waive the failure to timely file.

3.     Insufficient  relevant  evidence   has   been   presented   to
demonstrate the existence of  an  error  or  injustice.   Applicant’s
contentions are duly noted; however, we are not  persuaded  that  the
applicant has  been  the  victim  of  an  error  or  injustice.   The
applicant was diagnosed with a personality disorder, which interfered
with his functioning in a military environment.  Furthermore, at  the
time members are separated from the Air Force, they are furnished  an
RE  code  predicated  upon  the  quality   of   their   service   and
circumstances of their separation.  After a thorough  review  of  the
evidence  of  record,  we  believe  that  given   the   circumstances
surrounding the applicant’s separation, the RE  code  issued  was  in
accordance with the appropriate directives.  Therefore,  we  find  no
basis upon which to recommend favorable action on 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 AFBCMR Docket Number BC-
2003-01254  in  Executive  Session  on  13  January  2004,  under  the
provisions of AFI 36-2603:

                       Ms. Charlene Bradley, Panel Chair
                       Ms. Olga M. Crerar, Member
                       Mr. Christopher Carey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 2 Apr 03, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFBCMR Medical Consultant, dated
                 11 Jul 03.
      Exhibit D. Letter, HQ AFPC/DPPRS, dated 24 Jul 03.
      Exhibit E. Letter, HQ AFPC/DPPAE, dated 30 Sep 03.
      Exhibit F. Letter, SAF/MRBR, dated 10 Oct 03.




                       CHARLENE BRADLEY
                       Panel Chair

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