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AF | BCMR | CY2004 | BC-2004-00458
Original file (BC-2004-00458.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-00458
            INDEX NUMBER: 110.02 & A49.01

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge  for  “Unsatisfactory  Performance”  be  changed  to  “Medical
Reasons.”

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His reason for discharge  should  be  changed  based  on  the  diagnosis  of
Attention-Deficit/Hyperactivity Disorder (DHD) (sic) in  order  for  him  to
qualify for Montgomery GI Bill benefits.

In support of the appeal, applicant submits a neuropsychological report  and
the discharge recommendation he received from his commander.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in  the  Regular  Air  Force  on  31
January 2001, for a period of six years.  His  Armed  Forces  Classification
Test (AFCT) scores were as follows:

                 Administration   63
                 Electronic  66
                 General     59
                 Mechanical  56

A neuropsychological report, dated 13  June  2003,  concluded  that  testing
results  combined  with  historical  information  was  consistent   with   a
diagnosis  of  Attention   Deficit/Hyperactivity   Disorder,   Predominantly
Inattentive Type.  The commander notified him on 30 June 2003, that  he  was
recommending his discharge  for  unsatisfactory  performance,  specifically,
failure to progress in on-the-job-training (OJT).  The commander stated  his
reasons for the action  were  the  applicant’s  two  failures  to  obtain  a
passing score on his Career Development Course (CDC), scoring  60%  and  62%
when the minimum passing score was 65%.  The separation  authority  approved
his discharge for unsatisfactory performance - failure to progress  in  OJT,
without probation and rehabilitation.

He was honorably discharged on 15 July 2003, under the provisions of AFI 36-
3208 (Unsatisfactory Performance).  He completed 2 years, 5 months,  and  14
days of active service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The  BCMR  Medical  Consultant  states,  in  part,  that  there   were   two
interrelated, potential bases  for  discharge:  unsatisfactory  performance,
and  a  condition  that  interfered  with  military   performance,   not   a
disability.  Were the applicant discharged using the  learning  disorder  as
the reason, the narrative reason for his separation  would  be  “Personality
Disorder,”  since  all  unsuiting   mental   conditions   that   result   in
administrative discharge are administratively labeled as such.  In order  to
qualify for Montgomery GI Bill benefits, he  was  required  to  complete  36
months of active duty, or 24 months of active duty followed by 48 months  of
reserve duty.  However, he would have only been required to serve 30  months
of  active  duty  if  he  had  been  discharged  for  “Convenience  of   the
Government.”  A narrative reason for discharge  of  “Secretarial  Authority”
is treated as equivalent to “Convenience of  the  Government”;  however,  he
only completed 29 months and 14 days of active service.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPAT states, in part, that in order to qualify for Montgomery GI  Bill
benefits, applicant’s narrative  reason  for  discharge  must  be  hardship,
service-connected disability, disability existing prior to  entering  active
duty,  physical  or  mental  condition  that  interferes  with  duty,  e.g.,
personality disorder, or reduction in force.

The AFPC/DPPAT evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 30 July 2004 for review and response within 30 days.   However,
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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice to warrant  changing  the  narrative  reason
for his separation  from  unsatisfactory  performance  to  medical  reasons.
Although applicant requests a medical discharge,  he  provides  no  evidence
that he was unfit for continued military service.  In this respect, we  note
that a finding of unfitness is a prerequisite of any disability  processing.
 In  the  applicant’s  case,  although  his  Attention-Deficit/Hyperactivity
Disorder (ADHD) was an unsuiting condition, it did not render him unfit  for
military service.  The narrative reason for discharge issued at the time  of
his separation accurately reflects that he was separated for  unsatisfactory
performance.  We, therefore, conclude that no basis  exists  upon  which  to
recommend favorable action on his request that  it  be  changed  to  medical
reasons.

4.  Notwithstanding the above determination,  we  find  sufficient  evidence
has been presented to  demonstrate  the  existence  of  error  or  injustice
warranting a measure of relief.  In that regard,  applicant’s  ADHD  appears
to have been the underlying cause  for  his  discharge.   Neuropsychological
testing was performed on applicant resulting in  a  diagnosis  of  ADHD  and
recommendations made to help him  overcome  the  identified  weaknesses,  to
include the possibility of a trial of medication.   However,  following  the
evaluation, his commander initiated discharge action.  Further,  during  the
legal review of the  proposed  discharge  action,  the  Acting  Staff  Judge
Advocate recommended applicant be granted probation and  rehabilitation  for
a period of six months to see if  treatment  could  help  him  overcome  his
inability to pass his CDCs.  In view of this, and since changing his  reason
for  discharge  to  “Secretarial  Authority”  will  enable  him  to   access
Montgomery GI Bill benefits, we recommend 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 he was  not  discharged  on  15  July
2003, but was continued on active duty until 1 August 2003, on  which  date,
he was honorably discharged under the provisions of AFI  36-3208,  paragraph
1.2  (Secretarial  Authority),  with  Separation  Program  Designator  (SPD)
“JFF.”

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-00458
in Executive Session on 1 September 2004, under the provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Panel Chair
                       Mr. John E. B. Smith, Member
                       Ms. Kathy L. Boockholdt, Member

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

    Exhibit A.  DD Form 149, dated 26 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 17 Jun 04.
    Exhibit D.  Letter, AFPC/DPPAT, dated 20 Jul 04.
    Exhibit E.  Letter, SAF/MRBR, dated 30 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

AFBCMR BC-2004-00458




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 XXXXXXX, XXXXXXX, be corrected to show that he was not
discharged on 15 July 2003, but was continued on active duty until 1 August
2003, on which date, he was honorably discharged under the provisions of
AFI 36-3208, paragraph 1.2 (Secretarial Authority), with Separation Program
Designator (SPD) “JFF.”









JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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