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AF | BCMR | CY2004 | BC-2004-00751
Original file (BC-2004-00751.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00751
            INDEX CODE:  100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His  reenlistment  eligibility  (RE)  code  of  2C   (involuntarily
separated with an honorable discharge; or  entry  level  separation
without characterization of service) be changed  to  a  code  which
will allow him to reenlist in the Air Force.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He made false statements and over exaggerated things in his attempt
to get out of the Air Force, not understanding  that  his  decision
would not allow him to join the  military  again.   A  decision  he
deeply regrets.

In support of his appeal, applicant submitted a personal  statement
and  letters  of  character  references  from  family  members  and
friends.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 24 June 1998, applicant enlisted in the Regular Air Force for  a
period of 4 years in the grade of airman basic (E-1/AB).

Applicant was evaluated on 27 July 1998, by the Behavioral Analysis
Service (BAS), Division of Mental Health and they diagnosed him  as
having Post Traumatic Stress Disorder, Chronic, as described in the
Diagnostic and Statistical Manual  of  Mental  Disorders  (DSM-IV).
The prognosis rendered reflected that he  could  distinguish  right
from wrong, be considered responsible  for  his  own  actions,  and
participate in his own defense.  He was referred to the BAS because
of concerns about depression, inability  to  promise  not  to  harm
himself or others, past abuse, a dysfunctional  family  of  origin,
and stress.  However, applicant reported he would not kill  himself
and was not judged to be at imminent risk  of  harming  himself  or
others.  He denied any significant suicide attempts prior to  basic
military training (BMT), but reported he had experienced thought of
suicide until two years prior.  Applicant’s training team  reported
that he was performing well and a return to the flight was desired.
 However, given his history of difficulties managing  reminders  of
past abuse, combined with his current exacerbation of abuse-related
problems, it was unlikely that he would adjust to military life.

On  30  July  1998,  the  squadron  section   commander   initiated
administrative discharge action against the applicant for a  mental
disorder.  The specific reason for  the  proposed  action  was  the
diagnosis cited  above.   It  was  determined  that  this  disorder
interfered with duty performance and conduct and was severe  enough
that his ability  to  function  effectively  in  the  military  was
significantly impaired.  The applicant was advised of his right  to
counsel and to submit statements on his own behalf.  On  that  same
date, he waived his right to consult counsel and did not  submit  a
statement on his own behalf.   On  4  August  1998,  the  discharge
authority directed applicant  be  discharged  with  an  entry-level
separation.

On 4 August 1998, the applicant received an uncharacterized  entry-
level separation, by reason of personality disorder and was  issued
an RE code of 2C.  He was credited with 1  month  and  11  days  of
active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

The  AFBCMR  Medical  Consultant  states  that  the  applicant  was
discharged on 4 Aug 98, after 1 month and 11 days on  active  duty,
due to existing prior to service post  traumatic  stress  disorder.
He failed week four of basic training and  was  recycled  back  two
weeks due to “abusing his power in the dormitory.”  On 25  Jul  98,
applicant was referred to mental health by the chaplain because  of
concerns about depression, inability to promise not to harm self or
others, and past abuse as a child.

He was administratively discharged during basic  training  with  an
entry level separation for reported symptoms consistent  with  Post
Traumatic Stress Disorder (PTSD) stemming from his reported history
of physical abuse at the hands of his stepfather.  He now  contends
that he made false statements and exaggerated things in order to be
discharged and now provides character statements  from  family  and
friends indicating he has matured  since  his  discharge.   He  now
indicates that  the  reported  abuse  and  symptoms  leading  to  a
diagnosis  of  PTSD  were  exaggerated  or  falsified  calling  the
diagnosis into question.   However,  he  provides  no  evidence  to
support  this  claim.   Regardless  of  the  diagnosis,  the   fact
applicant falsified information in order to  get  out  of  the  Air
Force also indicates the presence of character traits  that  render
him unsuited for military service.  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.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 12 August 2004 for review and comment within  30  days.   As  of
this date, no response has been received by  this  office  (Exhibit
D).

___________________________________________________________________

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.   Applicant’s
contentions  are  duly  noted;  however,  we  do  not  find   these
contentions, in and by themselves, sufficiently persuasive so as to
conclude he has been the victim of either and error  or  injustice.
Therefore, we agree with the recommendation  of  the  BCMR  Medical
Consultant and adopt his rationale as the basis for  our  decision.
Therefore, 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-2004-00751 in Executive Session on 19 October  2004,  under  the
provisions of AFI 36-2603:

      Ms. Rita S. Looney, Panel Chair
      Mr. Terry L. Scott, Member
      Ms. Cheryl V. Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 9 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Aug 04.




                                   RITA S. LOONEY
                                   Panel Chair

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