RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01579
INDEX CODE: 100.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was related to mistakes he made over a woman, which he
takes full responsibility. He feels that his RE code is unjust
because it is based on one time span of his enlistment, while 90
percent of his service time was served without any problems.
In support of his request, the applicant submits a personal statement,
a copy of DD Form 214, Certificate of Release or Discharge from Active
Duty, and a Letter of Appreciation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
19 July 2000 for a term of 6 years. On 30 October 2001, the applicant
was notified by his commander that he was recommending he be
discharged from the Air Force due to minor disciplinary infractions.
The reason for this action was that on 22 September 2001, he was found
sleeping on post. On 26 September 2001, he was derelict in the
performance of his duties in that he willfully failed to bury
euthanized dogs when he was instructed to do so. For this misconduct
on 22 and 26 September 2001, he received an Article 15 with a
suspended reduction to airman, a suspended forfeiture of $1,168 and
restriction to the base for 6 days. He failed a lawful order to clean
around the building between 5 and 9 October 2001, and received a
letter of reprimand. On 20 October 2001, he failed to obey a lawful
order by the commander by leaving the base during his restricted
period. On 22 October 2001, the member failed to obey a lawful order
to return to duty. For his actions on 20 and 22 October 2001, the
suspended punishment from the previous Article 15 was imposed. He was
advised of his rights in this matter. He acknowledged receipt of the
notification, waived his right to consult counsel, and elected not to
submit statements on his own behalf. The package was reviewed by the
staff judge advocate and found to be legally sufficient. On 21
November 2001, he was administratively discharged under the provisions
of AFI 36-3208, Administrative Separation of Airman, (misconduct),
with an under honorable conditions (general) discharge. He was issued
an RE code of 4H “Serving suspended punishment pursuant to Article 15,
Uniform Code of Military Justice (UCMJ)”. He served one year, four
months and two days total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The applicant was
discharged for misconduct with a general characterization of service.
His commander had two basis upon which to administratively discharge
the applicant, misconduct and unsuitability due to adjustment
disorder. The commander acted within his discretion to choose the
basis, which was the predominant reason for discharge and to
characterize his service as general due to the misconduct.
Adjustment Disorder is characterized by marked psychological distress
in response to identifiable stressors that overcome the individual’s
ability to cope and is frequently associated with significant
impairment in social and occupational functioning. The emotional and
behavioral responses may be in excess of what would normally be
expected given the nature of the stressors. Manifestations can
include depressed mood, anxiety, and disturbances of conduct. One of
the key features of Adjustment Disorder is that the condition
typically resolves with relief of the stressors. Individuals who
develop Adjustment Disorder due to the stress of the routine rigors of
military service with or without concomitant personal issues are not
suited for military service and are subject to administrative
discharge by their commander.
The applicant attributes his difficulties performing his duties to a
romantic relationship, a circumstance that most airmen successfully
handle without duty impairment, misconduct, or emotional responses
leading to psychiatric hospitalization. In retrospect, the symptoms
reported in the 14 June 2001 medical record entry suggest the
applicant was experiencing symptoms of adjustment disorder at that
time. 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 respond well to the stresses of military
operations, deployment, or combat when he is separated from his
familiar surroundings and social support system of family and friends.
His past experience is predictive of an increased risk for recurrence
of debilitating anxiety and adjustment disorder if re-exposed to the
rigors of military training and service.
Action and disposition in this case are proper and equitable
reflecting compliance with Air Force directives that implement the
law.
The Medical Consultant’s evaluation is at Exhibit C.
AFPC/DPPRS recommends denial. The applicant did not submit any new
evidence or identify any errors or injustices that occurred in the
discharge process. Additionally, he provided no facts warranting a
change in his discharge.
The DPPRS evaluation is at Exhibit D.
AFPC/DPPAE recommends denial. The RE code of 4H, “Serving suspended
punishment pursuant to Article 15, Uniform Code of Military Justice
(UCMJ)”, is correct. At the time of the 21 November 2001 discharge,
applicant was serving punishment pursuant to a 22 October 2001 Article
15. Member has not provided any documentation that supports changing
his RE code. 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.
The DPPAE evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
21 Nov 03, for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice in regard to his request that
his reenlistment eligibility (RE) code be changed. Therefore, we
agree with the opinions and recommendations of the BCMR Medical
Consultant and the Air Force offices of primary responsibility and
adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. Applicant
has not provided any evidence, which would lead the Board to believe
otherwise. 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 Docket Number BC-2003-
01579 in Executive Session on 6 January 2004, under the provisions of
AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. James W. Russell III, Member
Mr. J. Dean Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Apr 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 4 Sep 03.
Exhibit D. Letter, AFPC/DPPRS, dated 3 Oct 03.
Exhibit E. Letter, AFPC/DPPAE, dated 14 Nov 03.
Exhibit F. Letter, SAF/MRBR, dated 21 Nov 03.
PEGGY E. GORDON
Panel Chair
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