RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02547
INDEX CODE: 124.01
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
The diagnosis of “Anti-social Personality Disorder” be removed
from her records.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She has discovered that the military labels people they want out of
the military with having a “personality disorder.” She was labeled
as having an “anti-social personality disorder” and was shocked
when she found out.
The military lied about her and had they made the correct diagnosis
she could have done something about it. She was not aware of her
condition (post traumatic stress disorder and depression) until
recently. She demands this lie be removed from her records.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 11 April 1974, applicant enlisted in the Regular Air Force for a
period of four years in the grade of airman basic (E-1/AB). Prior
to the events under review she was promoted to the grade of airman
(E-2/Amn) with an effective date and date of rank of 11 Aug 74.
The record reflects applicant received four memos for record
concerning her marginal duty performance and defective attitude (on
3 Jul 74, 19 Jul 74, 16 Aug 74, and 6 Nov 74, respectively).
On 28 Aug 74, applicant was admitted to the USAF Medical Center
with the diagnosis of immature personality. She had been under
psychiatric care for one month for depression prior to admission.
An inpatient mental health evaluation concluded with a final
diagnosis of immature personality with antisocial aspects, chronic,
moderate, manifested by extremely poor impulse control, inability
to accept responsibility for her behavior or actions, inability to
express guilt or sorrow, and love frustration. The applicant was
subsequently returned to duty.
On 5 Nov 74, she received a letter of reprimand for failure to obey
a direct order on or about 30 Oct 74.
On 3 Dec 74, the squadron section commander initiated
administrative discharge action against the applicant due to her
apathy and defective attitude. On that same date, applicant
acknowledged receipt of the discharge notification. She waived her
right to consult counsel and to submit statements in her own
behalf. Further, she waived her right to receive information
concerning her narrative reason for separation. On 17 Dec 74, the
discharge authority approved the separation in accordance with AFM
39-10, para 3-8L, and directed applicant be discharged and
furnished an honorable discharge certificate.
On 2 Jan 75, the applicant was honorably discharged under the
provisions of AFM 39-10, with separation program designator code
JGH (involuntary discharge, minimally productive/limited potential
airman), and was issued an RE-2 reenlistment eligibility code. She
served 8 months and 22 days on active duty.
___________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant states that the applicant was
discharged on 2 Jan 75, after 8 months and 22 days on active duty.
Her personnel records document occupational difficulties leading to
administrative separation for marginal performance. The hospital
narrative summary was included in the discharge package although it
was not cited as the basis for the discharge. Inpatient mental
health evaluation concluded with a final diagnosis of immature
personality with antisocial aspects, chronic, moderate, manifested
by extremely poor impulse control, inability to accept
responsibility for her behavior or actions, inability to express
guilt or sorrow, and love frustration. Inpatient and outpatient
mental health and medical records are detailed and record no report
by the applicant of sexual assault or sexual harassment while in
the service. Applicant was administratively separated under the
provisions of AFM 39-10, Convenience of the Government, para 3-8L,
marginal performance. Therefore, her DD Form 214, Report of
Separation from Active Duty, does not list character and behavior
disorder, personality disorder, or antisocial personality disorder
as the basis for discharge.
Applicant and Department of Veterans Affairs (DVA) health
professionals have interpreted the diagnosis in the hospital
narrative summary of immature personality with antisocial features
as indicating a diagnosis of Anti-social Personality Disorder in
today’s terminology when it does not. There is no error evident in
the service medical records, and no compelling reason to alter,
destroy or sequester the service medical records. Contrary to the
applicant’s impression, her DD Form 214 does not list personality
disorder as the basis for the discharge. Action and disposition in
this case are proper and equitable reflecting compliance with Air
Force directives that implement the law. It is his opinion that no
change in the records is warranted.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPRS reviewed this application and found that the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation. Additionally, that the
discharge was within the sound discretion of the discharge
authority. They also noted that the applicant did not submit any
new evidence or identify any errors or injustices that occurred in
the discharge processing. They further stated applicant was not
diagnosed with antisocial personality disorder; she was discharged
involuntarily as a minimally productive/limited potential airman.
A complete copy of the evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant
on 13 Feb 04 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit E).
___________________________________________________________________
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. The applicant
argues that the diagnosis of “Anti-Social Personality Disorder” was
in error and should be removed from her records. However, after a
thorough review of the evidence of record and applicant's
submission, we do not find these arguments, in and by themselves,
sufficiently persuasive to override the rationale provided by the
AFBCMR Medical Consultant. Therefore, we agree with his
recommendation and adopt the rationale expressed as the basis for
our decision that the applicant has failed to sustain her burden
that she has suffered either an error or an injustice. In the
absence of persuasive 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-2003-02547 in Executive Session on 29 April 2004, under the
provisions of AFI 36-2603:
Mr. Jackson A. Hauslein Jr., Panel Chair
Mr. James W. Russell III, Member
Mr. Richard A. Peterson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jul 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 12 Jan 04.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 11 Feb 04.
Exhibit E. Letter, SAF/MRBR, dated 13 Feb 04.
JACKSON A. HAUSLEIN JR.
Panel Chair
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