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AF | BCMR | CY2004 | BC-2003-01294
Original file (BC-2003-01294.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01294
            INDEX CODE:  110.00

            COUNSEL:  None

            HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation and reenlistment codes  be  changed  to  allow  him  to
reenlist in to military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He requested in 1993, to be discharged because  of  personal  hardship
due to a family member.  He was recently married before he deployed to
Germany and his wife had a history of medical conditions of  which  he
was not totally aware.  She became addicted to pain pills due  to  the
various medical conditions for which she was being  treated.   Because
of her medical state and being away from  her  immediate  family,  she
became very frustrated and it was difficult to  deal  with  her.   She
began bouncing checks and left six months into their tour in Germany.

He felt like everything was crashing down on him and  his  career  was
ruined.  His supervisor informed him it was not going to be  easy  for
him to get out because of  his  time  left  in  the  service  and  his
spotless record.  About two months later he was told of a way he could
get his request for discharge, but he was led to believe that it would
not keep him from coming back into the military at a later time, so he
took the out.  After his discharge he got a divorce, his  ex-wife  was
convicted of prescription fraud and doctor shopping and  served  time.
He filed for bankruptcy, continued his training as an electrician, and
obtained a journeyman’s electrical license.

He would like to reenter the military and finish what he set out to do
when he first enlisted, and that was to retire.   He  also  wants  the
opportunity to help his country in this great time of  need.   He  has
the experience and the training to be deployed on short notice.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 21 August  1981  for  a
period of four years as an airman basic.  He  served  as  an  Aircraft
Armament Systems Specialist and an Electrical Systems Specialist.

On 31 January 1993, the  applicant  was  hospitalized  for  attempting
suicide by cutting his wrists  with  a  razor  blade  and  applying  a
tourniquet and cutting the vein to  produce  more  bleeding.   He  was
hospitalized for four days.  During his hospitalization,  he  reported
multiple suicide attempts from the age of 11 and more recent  episodes
in October 1992 and January 1993.

The applicant was hospitalized again on 10 February 1993 for a suicide
attempt.  He tried to overdose on Sominex.  He  was  hospitalized  for
three days.

On 26 April 1993, the applicant was notified of his commander's intent
to recommend him for discharge for  unsatisfactory  performance  under
the provisions of Air Force Regulation (AFR) 39-10, paragraph 5-11i(1)
- Conditions that Interfere with Military Service (Mental Disorder).

The commander stated the reason for the proposed discharge was that on
12 February 1993 the applicant was  diagnosed  by  a  psychiatrist  as
suffering from a personality disorder -  dependent  type  (DSM  III  R
301.6).  The commander further stated that  the  applicant’s  disorder
was evidenced by a deeply ingrained, maladaptive pattern  of  behavior
of long duration which significantly impaired his ability to  function
in a military environment and had  resulted  in  his  making  suicidal
gestures on 31 January and 10 February 1993, which required him to  be
hospitalized on both occasions.  As a result of being hospitalized the
applicant missed work and manning in the unit had  to  be  altered  on
electrician duties for the safety of the applicant and his coworkers.

The commander advised the applicant of  his  right  to  consult  legal
counsel, present his case to an  administrative  discharge  board  and
that legal counsel had been obtained to  assist  him;  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 if his recommendation was approved,  the  applicant's  separation
would  be  characterized  as  honorable;  however,  he  did  recommend
probation and rehabilitation.   The  commander  indicated  that  every
effort to professionally rehabilitate  him  had  been  made,  but  his
frequency of unprofessional actions indicated  a  need  for  long-term
rehabilitation which was incompatible with military service.

On 3 May 1993, after consulting with  counsel,  applicant  waived  his
right to a hearing board and to submit a statement.

On 5 May 1993, 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.

On 12 May 1993, the convening authority approved the discharge.

The applicant was discharged on 13 May 1993, in  the  grade  of  staff
sergeant with an honorable discharge.  He served 11  years,  8  months
and 12 days of active duty service.  He received an RE  code  of  “2C”
which means "Involuntarily separated with an honorable  discharge;  or
entry-level  separation  without  service   characterization   and   a
Separation Designator (SPD) code of “HFX” which means "Conditions That
Interfere with Military Service-Not-Disability-Mental Disorders."

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief  Medical  Consultant,  AFBCMR,  states  the  applicant  was
discharged for unsuitability due to personality disorder.  Personality
disorders are 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.  Furthermore, the applicant
reported a life long history of depressed mood (Dysthmia) prior to his
entering active duty.  His personality disorder along with marital and
financial difficulties impaired his ability to function in a  military
environment.  Although the applicant’s problems of ten years  ago  may
have resolved, his personality disorder,  dysthymia,  and  history  of
hospitalization  are  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 upon the documentation in  the  applicant's
records, they believe his discharge was consistent with the procedural
and substantive requirements of the discharge regulation.   Also,  the
discharge was within the sound discretion of the discharge  authority.
DPPRS recommends the denying the applicant’s request.

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 of service, which is correct and an SPD code of  “HFX
- Conditions That  Interfere  with  Military  Service-Not  Disability-
Mental Disorders.”  Furthermore, waivers of RE  codes  for  enlistment
are considered and approved based  on  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
21 November 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 excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After careful  consideration  of
the circumstances of this  case  and  the  evidence  provided  by  the
applicant, we are not persuaded that  the  discharge  action  and  the
resulting reenlistment eligibility and separation  codes  he  received
were in error or unjust.   Applicant’s  contentions  are  duly  noted;
however, we agree with the opinions and  recommendations  of  the  Air
Force and adopt their rationale as the basis for our  conclusion  that
the applicant has not been  the  victim  of  an  error  or  injustice.
Therefore, in view of the above and 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 AFBCMR Docket Number BC-
2003-01294  in  Executive  Session  on  10  February  2004  under  the
provisions of AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Ms. Sharon B. Seymour, Member
                       Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Apr 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFBCMR Medical Consultant, dated
                       11 Jul 03.
      Exhibit D  Letter, HQ AFPC/DPPRS, dated 20 Aug 03.
      Exhibit E. Letter, HQ AFPC/DPPAE, dated 5 Nov 03.
      Exhibit F. Letter, SAF/MRBR, dated 21 Nov 03.




                                        ROSCOE HINTON, JR.
                             Panel Chair

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