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AF | BCMR | CY2004 | BC-2003-02547
Original file (BC-2003-02547.doc) Auto-classification: Denied


                       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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