RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00855
            INDEX CODE:  108.00

            COUNSEL:  KIM L. SEGREST

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to reflect she was honorably  discharged  for
medical reasons (schizoaffective disorder).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The disciplinary infractions for which she  was  discharged  were  not
based on her willful actions but were the result of her  mental  state
at the time the infractions occurred.

In  support  of  her  appeal,  the  applicant  provided  a   counsel’s
statement, medical documentation, and other documents associated  with
the matter under review.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26 Mar 02 for a  period
of six years in the grade of airman basic.

On 29 Oct 02, the applicant’s  commander  notified  her  that  he  was
recommending she be discharged  for  minor  disciplinary  infractions.
The reasons were based on the following:

      a.  On 15 Jul 02, she received an AETC Form 173, Student  Record
of Academic/Nonacademic Counseling and Comments for failure to  go  to
her appointed place of duty at the prescribed time.

      b.  On 6 Sep 02, she was derelict  in  the  performance  of  her
duties by willfully failing to wear the proper rank assigned to her.

      c.  On 6 Sep 02, she behaved with disrespect toward her superior
commissioned officer by her lack  of  military  bearing  and  attitude
during an interview.

      d.  On 16 Sep 02, she received a Letter of Reprimand  (LOR)  for
failure to go to her appointed place of duty at the prescribed time on
9 Sep 02 to 12 Sep 02.

      e.  On 25 Sep 02, she received an LOR for failure to go  to  her
appointed place of duty at the prescribed time.

      f.  On 26  Sep  02,  she  received  an  LOR  for  showing  total
disregard of all military bearing and disrespect for a noncommissioned
officer.

      g.  On 26 Sep 02, she received an Article 15 for dereliction  of
duty, disrespectful behavior toward her superior commissioned officer,
and failure to go to her appointed place of  duty  at  the  prescribed
time.

The applicant was advised of her rights  in  the  matter  and  that  a
general discharge would be recommended.

On 4 Nov 02,  the  office  of  the  Staff  Judge  Advocate  found  the
discharge  case  file  was  legally  sufficient  and  recommended  the
applicant be furnished a general discharge.

On 6 Nov 02, the discharge authority approved the discharge action and
directed the applicant be furnished a general discharge.

On 8 Nov 02, the applicant was discharged under the provisions of  AFI
36-3208 (Misconduct) and  furnished  a  general  discharge.   She  was
credited with 7 months and 13 days of active service.

The relevant facts pertaining to the applicant’s medical condition are
discussed in the advisory  opinion  provided  by  the  AFBCMR  Medical
Consultant at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Medical  Consultant  indicated  that  although  the  action   and
disposition  in  this  case  were  proper  and  equitable   reflecting
compliance with Air Force directives which implement  the  law,  there
was  sufficient  evidence  to  support  a  conclusion  the   applicant
manifested symptoms related to her mental illness that resulted in her
general  discharge  for  misconduct.    This   conclusion   represents
sufficient mitigation to warrant upgrade of the applicant’s  discharge
to honorable and change of  her  narrative  reason  for  discharge  to
Secretarial Authority.  However,  it  is  not  clear  that  disability
discharge  with  compensation  was  warranted  at  the  time  of   her
separation.  Because the complementary  nature  of  the  military  and
Department  of  Veterans  Affairs  disability   compensation   systems
accommodate  situations  such  as   this,   it   is   unnecessary   to
retroactively grant military  disability  discharges  unless  a  clear
error or impropriety results in the injustice of denial of  disability
retirement (as distinguished from disability discharge with  severance
pay).  According to the Medical  Consultant,  there  was  no  evidence
supporting a conclusion the applicant’s condition warranted disability
retirement at the time of her separation.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel reviewed the advisory opinion and  furnished  a  response  and
additional documentary evidence which are attached 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error  or  injustice.   Having  carefully  reviewed  this
application,  we  agree  with  the  recommendation  of   the   Medical
Consultant and adopt his rationale as the basis for our decision  that
the applicant has been the victim of an error  or  an  injustice  with
regard to her characterized  service  and  narrative  reason  for  her
separation.  We note the  applicant’s  request  that  her  records  be
corrected to show she was medically discharged.  However, no  evidence
has been presented which shows to our satisfaction that  a  disability
discharge  with  compensation  was  warranted  at  the  time  of   her
separation.  Accordingly, we  recommend  the  applicant’s  records  be
corrected as 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 on 8 Nov 02, she  was
honorably discharged under the provisions of AFI 36-3208  (Secretarial
Authority),  with  a  separation  code  of  “KFF,”  and  furnished  an
Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-00855 in Executive Session on 4 Nov 04, under the  provisions  of
AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. Garry G. Saunder, Member
      Ms. Carolyn B. Willis, Member

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

     Exhibit A.  DD Form 149, dated 16 Feb 04,w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, Medical Consultant, dated 4 Oct 04.
     Exhibit D.  Letter, SAF/MRBR, dated 7 Oct 04.
     Exhibit E.  Letter, counsel, dated 11 Oct 04, w/atchs




                                   ROBERT S. BOYD
                                   Panel Chair



AFBCMR BC-2004-00855




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 , be corrected to show that on 8 Nov 02, she was
honorably discharged under the provisions of AFI 36-3208 (Secretarial
Authority), with a separation code of “KFF,” and furnished an
Honorable Discharge certificate.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency