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AF | BCMR | CY2004 | BC-2003-01900
Original file (BC-2003-01900.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01900
            INDEX CODE:  110.02, 100.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized discharge be changed to a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not properly  discharged  from  the  Air  Force.   After  being
separated he was awarded social security disability for post traumatic
stress disorder, panic disorder with agoraphobic, obsessive-compulsive
behaviors, indicating detailed functional  assessment  reflecting  the
claimant has  poor  ability  to  make  occupational,  performance  and
personal social adjustments. This social security rating is  a  direct
result of his time on active duty, the reporting of two suicides  that
occurred, and the harassment he received from his drill sergeant.

In support of his request, the applicant submits a copy of his  Social
Security Disability Rating, Evaluation of the Evidence, and a copy  of
DD Form 293, Application for the Review of Discharge or Dismissal from
the Armed Forces of the United States.

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
23 April 1997 for a term of 4  years.   He  was  referred  for  mental
health evaluation on 2 May 1997 because of inability to follow  simple
instructions, lack of motivation for training,  and  frequent  use  of
sick call.  The mental health evaluation diagnosed generalized anxiety
disorder that existed prior to entering active duty.   He  reported  a
significant  history  of  anxiety  and  worry  with  the  accompanying
symptoms  of  muscle  tension,  fatigue  and  low  energy,  difficulty
concentrating, shakiness, upset stomach, headaches and  forgetfulness.
He stated he can remember having this problem  since  age  10  and  it
created problems for him in his social life.  He expressed  not  being
able to control the worry, worrying about a wide  variety  of  things,
and having difficulties with sleep and appetite at  times  because  of
his nervousness.  During the 12th  grade  he  spoke  with  the  school
counselor once a week because of his nervousness and worry.

On 7 May 1997, the applicant was notified by his  commander  that  she
was recommending  that  he  be  discharged  from  the  Air  Force  for
involuntary convenience of the government.   He  was  advised  of  his
rights in this matter, acknowledged receipt of the notification on the
same day, waived his right to consult  counsel,  and  elected  not  to
submit statements on his own behalf.  The package was reviewed by  the
assistant staff judge advocate and found to be legally sufficient.  On
12 May 1997, he was administratively discharged  with  an  entry-level
separation  under  the  provisions  of  AFI  36-3208,   Administrative
Separation of Airman, (Personality Disorder) and issued an RE code  of
2C “Involuntarily separated with  an  honorable  discharge;  or  entry
level separation without  characterization  of  service”.   He  served
twenty (20) days on active duty.

His social security psychology evaluation diagnosed  him  with  having
post-traumatic stress disorder and panic disorder with agoraphobia and
some obsessive compulsive  behaviors  and  stated  the  onset  of  his
symptoms was during military service.   On  2 February  2002,  he  was
granted social security disability.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed applicant’s  request  and  opined
that the narrative reason for discharge  may  be  changed  to  “Failed
medical/physical  procurement  standards”  (SPD)  code  JFW  with  and
accompanying RE code of 4C.  The discharge would still remain an entry-
level separation with uncharacterized service.

The applicant’s DD  Form  214  states  the  reason  for  discharge  as
“personality disorder”.  The DoD uses the term “personality  disorder”
administratively to include discharge for all unsuiting character  and
behavior disorders not falling under the  purview  of  the  disability
system.  Since the applicant’s condition existed prior to service,  he
was not eligible for evaluation in the disability system.

Since the applicant was not diagnosed with a personality disorder  and
was further not noted to demonstrate maladaptive traits or  misconduct
suggestive of a personality disorder, it is  inaccurate  to  list  the
narrative reason as personality disorder.

Although action and disposition in this case are proper and  equitable
reflecting compliance with Air Force  directives  that  implement  the
law,  the  Board  may  consider  changing  his  narrative  reason  for
discharge.

The Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPRSP concurs with the BCMR Medical  Consultant  and  recommends
the  narrative  reason  for  separation  be  changed  to   “JFW-Failed
medical/physical procurement standards”.

The DPPRSP evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  states  that  he  disagrees  with  the  BCMR   Medical
Consultant’s advisory opinion.  His complete submission is at  Exhibit
F.

_________________________________________________________________

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 in regard to his  request  that
his uncharacterized discharge be changed to a medical  discharge.   We
see no evidence, which would lead us to believe that at  the  time  of
his separation, he suffered from a physical  condition  or  disability
that disqualified him from worldwide service.   Since  there  were  no
disqualifying medical conditions at the time of his separation, we see
no reason why he would have been eligible  for  consideration  in  the
disability evaluation system.  In the absence of  persuasive  evidence
to the contrary, the Board finds  no  compelling  basis  to  recommend
granting the relief sought in this application.

4.  Notwithstanding the aforementioned, we note that the BCMR  Medical
Consultant has indicated that the narrative reason for his separation,
Personality  Disorder,  is  inappropriate  under   the   circumstances
surrounding the decision to separate him from the Air Force.  We agree
with the BCMR Medical Consultant in this matter and  believe  that  it
would be an injustice for  him  to  continue  to  suffer  the  adverse
effects of such characterization.  Accordingly, we recommend that  his
records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 12 May 1997, he was
separated with an uncharacterized  entry-level  separation  under  the
provisions  of  AFI  36-3208,  (Failed  Medical/Physical   Procurement
Standards)  with  a  separation  code  of  "JFW"  and  a  reenlistment
eligibility (RE) code of 4C.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
01900 in Executive Session on 3 February 2004, and  on  2 March  2004,
under the provisions of AFI 36-2603:

                 Ms. Charlene Bradley, Panel Chair
                 Ms. Martha Maust, Member
                 Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 6 Jun 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 22 Sep 03.
      Exhibit D. Letter, AFPC/DPPRSP, dated 30 Oct 03.
      Exhibit E. Letter, SAF/MRBR, dated 19 Dec 03.
      Exhibit F. Letter, Applicant, dated 16 Feb 04.





      CHARLENE BRADLEY
      Panel Chair
AFBCMR BC-2003-01900




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 12 May 1997, he was
separated with an uncharacterized entry-level separation under the
provisions of AFI 36-3208, (Failed Medical/Physical Procurement
Standards) with a separation code of "JFW" and a reenlistment eligibility
(RE) code of 4C.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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