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AF | BCMR | CY2004 | BC-2003-02205
Original file (BC-2003-02205.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-02205
                                             INDEX CODE:  110.00; 110.02
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

The reason and authority  for  his  separation,  his  separation  code,  his
reenlistment eligibility  (RE)  code  and  his  uncharacterized  entry-level
separation be changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

While he was in Basic Military Training School, he submitted a  request  for
a Security Clearance.  He informed officials that he had  been  misdiagnosed
and undergone treatment for bipolar disorder.  The diagnosis was  withdrawn,
and he no longer receives treatment for the disorder.   He  was  immediately
processed for separation, and not allowed to present any evidence  to  prove
that he did not and/or does not have bipolar disorder.

In support of his application, he provided  a  personal  statement  and  two
medical evaluations by a psychotherapist and a physician.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 17 December 2002, the applicant enlisted in the Regular Air Force at  the
age of 19 in the grade of airman basic for a period of six years.  He was  a
guaranteed training enlistee for duty in Air Force Specialty 2W231  (Nuclear
Weapons Apprentice).  Prior to his enlistment, on 7 May 2002, the  applicant
answered  “no”  to  questions  related  to  counseling  and  evaluation   or
treatment for mental conditions.

On 16 January 2003, the applicant’s commander notified  the  applicant  that
he  was  recommending  he  be  discharged  from  the  Air  Force  under  the
provisions of AFPD 36-32 and AFI 36-3208, Defective  Enlistment  because  of
erroneous entry.  The applicant was advised of his  rights.   The  applicant
acknowledged receipt of the notification and waived his  rights  to  consult
counsel and submit statements in his own behalf.  The  discharge  case  file
was  reviewed  by  the  Chief,  Adverse  Actions,  and  was  found   legally
sufficient.  The discharge authority approved the recommended separation  on
22 January 2003 and  directed  that  the  applicant  be  separated  with  an
uncharacterized entry-level separation.

On 24  January  2003,  the  applicant  was  separated  with  an  entry-level
separation because of Erroneous Entry (Other).  He had served one month  and
eight days on active duty.  A reenlistment eligibility (RE)  code  of  RE-2C
(Involuntarily  separated   with   an   entry   level   separation   without
characterization of service) was assigned.

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant indicated that the applicant  was  referred  for
mental health evaluation while in basic  training  because  he  disclosed  a
history of pre-service mental  health  treatment  on  his  sensitive  skills
clearance screening questionnaire required for the  nuclear  weapons  career
field.  The applicant had reported a past history that included  residential
treatment (9 months) that included use  of  psychotropic  medications.   The
applicant reported he became depressed during the residential treatment  and
was currently having similar feelings in basic training.  At that  time,  it
was determined that the applicant was disqualified for training.   The  BCMR
Medical Consultant stated that his history  of  a  diagnosis  of  a  Bipolar
Disorder was disqualifying for entry into the military and, on  this  basis,
administrative discharge was  recommended.   The  applicant  was  discharged
because of a history of behavioral and mood disorder diagnosed as a  Bipolar
Disorder as an adolescent and a history of ADHD that were not  disclosed  at
the time of his enlistment evaluation and the BCMR Medical Consultant is  of
the opinion that the evidence  is  consistent  with  fraudulent  enlistment.
Noting the medical evidence provided by  the  applicant,  the  BCMR  medical
consultant indicated that without a formal diagnosis  of  Bipolar  Disorder,
the applicant’s preservice history of mood and behavioral  disturbance  (not
addressed in either opinion) is  disqualifying  for  enlistment.   The  fact
that  he  is   currently   functioning   well   does   not   overcome   this
disqualification.  Based on the above, the BCMR  Medical  Consultant  is  of
the opinion that no change in the applicant’s record is warranted.

A complete copy of the BCMR Medical  Consultant’s  advisory  opinion  is  at
Exhibit C.

HQ AFPC/DPPRS recommends the  application  be  denied.   DPPRS  stated  that
based on the documentation in the master  personnel  records,  it  is  their
opinion the discharge was consistent with  the  procedural  and  substantive
requirements  of  the  discharge  regulation.   Airmen  are   given   entry-
level/uncharacterized service characterization when separation is  initiated
in the first 180 days of continuous service.

The DPPRS evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinions  and  reiterated  his  original
contentions.  The applicant  also  asserts  unfair  and  improper  treatment
during his medical evaluations.  He would gladly appear before the Board  if
that is what it takes to get this  matter  resolved.   Even  though  he  was
discharged, he did very well for the time he was  in  basic  training.   His
operations  officer  has  offered  his  personal  recommendations   of   his
character if needed.   The  applicant’s  letter,  with  attachments,  is  at
Exhibit E.

________________________________________________________________

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 error or injustice.  Evidence has not been provided that  would
lead us to believe the applicant’s discharge was improper or  not  based  on
sound medical principles.  We took notice of the applicant's  submission  in
judging the merits of the case; however, in the absence of evidence  by  the
applicant showing that the evidence in his medical records is erroneous,  we
agree with the assessment by the BCMR Medical Consultant in this  case.   We
believe  it  significant  and  must  be  noted  that   notwithstanding   the
applicant’s unsupported allegations of  unfair  and  improper  treatment  by
military medical authorities, even in the absence of  pre-service  diagnosis
of bipolar disorder, his pre-service history was disqualifying  for  initial
entry into the service.  In view of the above, we  have  no  basis  to  find
that  the  reason  for  the  applicant’s  separation  with   a   entry-level
separation  and  his  corresponding  RE  code  are  erroneous   or   unjust.
Therefore, his requests are not favorably considered.

________________________________________________________________

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 this application in  Executive
Session on 25 February 2004, under the provisions of AFI 36-2603.

            Mr. Robert S. Boyd, Panel Chairman
            Mr. Charlie E. Williams, Jr., Member
            Mr. Grover L. Dunn, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-02205.

   Exhibit A.  DD Form 149, dated 30 Jun 2003.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, 19 Nov 03.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 12 Dec 03.
   Exhibit E.  Letter, SAF/MRBR, dated 19 Dec 03.
   Exhibit F.  Letter, Applicant, dated 14 Jan 04





            ROBERT S. BOYD
            Panel Chair

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