Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-01852
Original file (BC-2003-01852.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01852
                                             INDEX CODE:  100.03; 110.02
                                             COUNSEL:  None

                                             HEARING DESIRED:  No

________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable and he be returned to active duty.

________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant offers no contentions.

In support  of  his  application  he  provided  a  copy  of  his  separation
document.  The applicant’s  complete  submission,  with  attachment,  is  at
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 9 April 2002, the applicant enlisted in the  Regular  Air  Force  in  the
grade of airman basic for a period of six years.

The applicant was diagnosed by the  Department  of  Mental  Health,  Wilford
Hall Medical Center  as  having  a  mental  disorder  as  contained  in  the
Diagnostic and Statistical Manual of Mental Disorders (DSM-IV).

The DSM-IV Diagnosis are:

Axis I:     309.9 Adjustment Disorder, unspecified

Axis II:    V62.89 Borderline Intellectual Functioning.

In a Mental Health Evaluation, dated 17 April 2002,  a  psychology  resident
indicated that, although the applicant was motivated, upon testing,  he  had
scored in the  borderline  intellectual  functioning  range.   The  examiner
rendered diagnoses of “Adjustment Disorder,  unspecified,”  and  “Borderline
Intellectual Functioning.”  The  examiner  indicated  that  the  applicant’s
diagnoses did not meet retention standards for  continued  military  service
and  that  his  ability  to  function  in  the  military   environment   was
significantly   impaired.    He   recommended   expeditious   administrative
separation.
On 22 April 2002, the applicant’s commander notified the applicant  that  he
was recommending the applicant be separated from the  Air  Force  under  the
provisions of AFI 36-3208  because  of  the  mental  health  diagnoses  that
significantly impaired  his  ability  to  function  in  the  military.   The
applicant was advised of his rights.  The applicant acknowledged receipt  of
the notification and, after consulting military legal counsel,  submitted  a
statement  in  his  own  behalf.   The  commander  thereafter  initiated   a
recommendation for the applicant’s separation.

In a legal review of the discharge case file dated 2 May 2002, an  assistant
staff judge advocate found the file was legally sufficient  and  recommended
that the applicant be  separated  from  the  service  with  an  entry  level
separation.   On  6  May  2002,  the  discharge   authority   approved   the
recommended separation and directed the  applicant  be  discharged  with  an
uncharacterized separation.

On 8 May 2002, the applicant was separated with  an  entry-level  separation
because of “Personality Disorder.”  He had served one month on active  duty.
 A reenlistment eligibility (RE)  code  of  RE-2C  (Involuntarily  separated
with  an   honorable   discharge   or   entry   level   separation   without
characterization of service) was assigned.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends that the applicant’s separation code and  narrative
reason for  separation  (DD  Form  214,  Blocks  26  &  28)  be  changed  to
“KFF—Secretarial Authority” (see Exhibit C).

HQ AFPC/DPPAE  stated  that  the  Reenlistment  Eligibility  (RE)  Code  2C,
“Involuntarily  separated  with  an  honorable  discharge;  or  entry  level
separation with characterization of service,” is correct (Exhibit D).

The  BCMR  Medical  Consultant  stated  that   the   applicant’s   diagnosed
condition, “Adjustment Disorder,” is not a  personality  disorder  according
to the criteria set forth  in  the  Diagnostic  and  Statistical  Manual  of
Mental Disorders.  Therefore, the Medical Consultant is of the opinion  that
the  narrative  reason  for  discharge  should  be  changed  to  Secretarial
Authority, but no change in the reenlistment code.  However, he  recommended
denial of  any  change  to  the  type  of  discharge  (entry-level)  or  the
characterization of service (uncharacterized) is warranted.

A complete copy of the evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  19
Dec 2003 for review and comment.  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.  Sufficient relevant  evidence  has  been  provided  to  demonstrate  the
existence of injustice that  would  warrant  a  change  in  the  reason  for
separation.  After reviewing his submission and the evidence of  record,  we
are persuaded that some relief is warranted.  We note  that  the  separation
action taken against the applicant was in  accordance  with  the  applicable
instruction.  However, after reviewing the evidence of record  and  the  Air
Force assessments of this case, it is our opinion that the narrative  reason
improperly labels the reason for his discharge.  It appears to us  that  the
current reason could be misconstrued to infer that his  separation  was  due
to actual “personality disorders” instead of  a  maladjustment  to  military
service.   Therefore,  in  order  to  correct  an  injustice  of  improperly
labeling the applicant,  his  narrative  reason  for  separation  should  be
corrected  to  accurately  reflect  the  circumstances  of  his  separation.
Therefore, we recommend that the narrative reason  for  his  separation  and
corresponding  separation  code   be   changed   to   reflect   “Secretarial
Authority.”

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice that would warrant  the  applicant’s  return
to active duty or a change to his RE code.  Notwithstanding our belief  that
the reason for the applicant’s separation should be  changed,  evidence  has
not been provided which would lead  us  to  conclude  that  his  involuntary
separation was inappropriate.  The  record  shows  that  the  applicant  was
experiencing problems adjusting to military service.  In view of  the  above
and in the absence of any evidence that would lead us to  believe  that  the
applicant  would  now  be  able  to  successfully  function  in  a  military
environment, this portion of his request is not favorably considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on  8  May  2002,  he  was  separated
under the provisions of AFI 36-3208, paragraph 1.2  (Secretarial  Authority)
with a separation code of KFF.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
01852 in Executive Session on 12 February 2004, under the provisions of  AFI
36-2603.

            Ms. Brenda L. Romine, Panel Chairman
            Mr. David C. Van Gasbeck, Member
            Ms. Barbara R. Murray, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 Jun 1993.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 1 Jul 2003.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 11 Jul 2003.
   Exhibit E.  Letter, BCMR Medical Consultant, dated 17 Nov 03.
   Exhibit F.  Letter, SAF/MRBR, dated 19 Dec 03.



                                   BRENDA L. ROMINE
                                   Panel Chair



AFBCMR BC-2003-01852



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 8 May 2002, he was
separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial
Authority) with a separation code of KFF.







                                                                        JOE
G. LINEBERGER

Director
                                                                        Air
Force Review Boards Agency


Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-02282

    Original file (BC-2003-02282.doc) Auto-classification: Approved

    In a legal review of the discharge case file dated 17 April 2002, the Chief, Administrative Discharge Branch, assigned to the staff of the discharge authority, found the file was legally sufficient and recommended that the applicant be separated from the service with an entry level separation. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show...

  • AF | BCMR | CY2003 | BC-2002-03005

    Original file (BC-2002-03005.doc) Auto-classification: Approved

    The applicant was separated with an honorable discharge on 28 January 1997 by reason of “Personality Disorder” with a Separation Code of JFX and a Reenlistment Eligibility (RE) code of 2C, (involuntary separation with honorable discharge). The DPPRS evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant indicates he took the easy way out at discharge time. Therefore, we recommend that...

  • AF | BCMR | CY2003 | BC-2002-03143

    Original file (BC-2002-03143.doc) Auto-classification: Approved

    He was discharged on 18 September 2002 with an entry-level separation, as he had not completed his first term of service. ____________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant reviewed this case and recommended the narrative reason for discharge be changed to Secretarial Authority but that otherwise no change to the applicant’s RE code was warranted. BRENDA L. ROMINE Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC [pic] Office...

  • AF | BCMR | CY2003 | BC-2002-03756

    Original file (BC-2002-03756.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03756 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) code of 2C be changed to 3K, and the narrative reason for separation be changed from “Personality Disorder” to “Secretarial Authority.” _________________________________________________________________ THE APPLICANT...

  • AF | BCMR | CY2004 | BC-2003-01808

    Original file (BC-2003-01808.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01808 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligible (RE) code be changed to a 1, which will enable him to reenter the military. On 27 April 1999, the applicant was notified by his commander that he was recommending he be discharged from the Air Force due to...

  • AF | BCMR | CY2003 | BC-2003-00707

    Original file (BC-2003-00707.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00707 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge for unsatisfactory performance be changed to a medical discharge, or in the alternative, the reason for his discharge be changed to personality disorder. Were he discharged for his borderline intellectual functioning, his narrative...

  • AF | BCMR | CY2002 | BC-2002-03206

    Original file (BC-2002-03206.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03206 INDEX CODE: 110.02, 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation and reenlistment eligibility (RE) code be changed. The applicant developed symptoms of grief depressed mood while in technical training that was diagnosed as Adjustment Disorder with...

  • AF | BCMR | CY2003 | BC-2002-03206

    Original file (BC-2002-03206.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03206 INDEX CODE: 110.02, 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation and reenlistment eligibility (RE) code be changed. The applicant developed symptoms of grief depressed mood while in technical training that was diagnosed as Adjustment Disorder with...

  • AF | BCMR | CY2003 | BC-2003-01317

    Original file (BC-2003-01317.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01317 INDEX CODES: 100.06, 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her reason for discharge and reenlistment eligibility (RE) code be changed to allow her to reenter the Air Force. A complete copy of the AFPC/DPPRS evaluation is at Exhibit D. AFPC/DPPAE indicated that the applicant’s RE...

  • AF | BCMR | CY2002 | BC-2002-03011

    Original file (BC-2002-03011.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03011 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be changed. DoD has determined that it would be unfair to the applicant and the service if the limited service of the airman were characterized. (Exhibit D) HQ AFPC/DPPAE confirms that the RE...