RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00872
INDEX NUMBER: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for his separation and separation code be changed to
reflect a medical discharge.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
After entering the Air Force he began remembering sexual abuse he suffered
from a priest. He was advised to get over it or get out. Realizing he
would not be able to deal with it right away, he got out. As a result, he
was separated with less than two years of service and was not eligible for
separation pay. In addition, he was required to repay the enlistment bonus
he received and is ineligible for Department of Veteran Affairs (DVA)
benefits.
In support of the appeal, applicant submits a statement from his
Congressman, a copy of his Certificate of Release or Discharge from Active
Duty, DD Form 214, his personal statement, and a copy of his Enlisted
Performance Report (EPR) attesting to his performance.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his enlistment with the Air Force on 3 May 2000,
for a period of six years.
On 22 March 2002, he was recommended for discharge based on the diagnosis
of Post Traumatic Stress Disorder (PTSD), with delayed onset, Existed Prior
to Service (EPTS). He was honorably discharged on 15 April 2002, under the
provisions of AFI 36-3208 (Personality Disorder), Separation Code “JFX,”
and issued a Reenlistment Eligibility (RE) code of “2C.”
_________________________________________________________________
AIR FORCE EVALUATIONS:
The BCMR Medical Consultant recommends the applicant’s narrative reason for
separation be changed to “Disability, EPTS, PEB,” with a separation code of
“JFM,” and review by the Disability Branch to validate the recommended
change.
The BCMR Medical Consultant’s evaluation is at Exhibit C.
AFPC/DPPD states, in part, that while there is no legal basis to award the
applicant further active service, his records should be corrected to show
that he received a disability discharge under the provisions of AFI 36-
3212, with a 10% disability rating, and an appropriate level of disability
severance pay.
The AFPC/DPPD evaluation is at Exhibit D.
AFPC/DPPAE states that should the AFBCMR determine the medical condition
existed prior to discharge, the current RE code of “2C - Involuntarily
separated with an honorable discharge,” is correct. However, should the
AFBCMR determine the medical condition warrants a disability discharge with
severance pay, the appropriate RE code would be “2Q - Personnel medically
retired or discharged.”
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 23 January 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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. In this respect, we note that while on
active duty, the applicant developed Post Traumatic Stress Disorder (PTSD),
Delayed Onset, as a result of previously suppressed memories of childhood
sexual abuse triggered by the news of child molestation allegations against
a priest of several of his childhood friends. Based on the diagnosis of
PTSD, the applicant should have been processed through the Disability
Evaluation System. The BCMR Medical Consultant opines that had this
occurred, a Physical Evaluation Board would have found him unfit for
continued military service and recommended his disability discharge.
Therefore, 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:
a. On 14 April 2002, he was found unfit to perform the duties of
his office, rank, grade or rating by reason of physical disability incurred
while entitled to receive basic pay; that the diagnosis in his case was
Post Traumatic Stress Disorder, mild social and industrial adaptability
impairment, Existed Prior to Service (EPTS), aggravated by service, VA
Diagnostic Code 9411, rated at 10%; that the disability may be permanent;
that the disability was not due to intentional misconduct or willful
neglect; that the disability was not incurred during a period of
unauthorized absence; that the disability was not incurred during a period
of national emergency; and that the disability was not the direct result of
armed conflict or caused by an instrumentality of war.
b. He was not discharged under the provisions of AFI 36-3208 on 15
April 2002, but on that date, he was honorably discharged for physical
disability under the provisions of AFI 36-3212 (Disability, Existed Prior
to Service, PEB), with entitlement to severance pay, with separation code
“JFM,” and Reenlistment Eligibility code 2Q.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-00872
in Executive Session on 18 March 2004, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Grover L. Dunn, Member
Mr. Richard A. Peterson, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 2 Sep 03.
Exhibit D. Letter, AFPC/DPPD, dated 19 Dec 03.
Exhibit E. Letter, AFPC/DPPAE, dated 21 Jan 04.
Exhibit F. Letter, SAF/MRBR, dated 23 Jan 04.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2003-00872
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:
a. On 14 April 2002, he was found unfit to perform the duties
of his office, rank, grade or rating by reason of physical disability
incurred while entitled to receive basic pay; that the diagnosis in his
case was Post Traumatic Stress Disorder, mild social and industrial
adaptability impairment, Existed Prior to Service (EPTS), aggravated by
service, VA Diagnostic Code 9411, rated at 10%; that the disability may be
permanent; that the disability was not due to intentional misconduct or
willful neglect; that the disability was not incurred during a period of
unauthorized absence; that the disability was not incurred during a period
of national emergency; and that the disability was not the direct result of
armed conflict or caused by an instrumentality of war.
b. He was not discharged under the provisions of AFI 36-3208
on 15 April 2002, but on that date, he was honorably discharged for
physical disability under the provisions of AFI 36-3212 (Disability,
Existed Prior to Service, PEB), with entitlement to severance pay, with
separation code “JFM,” and Reenlistment Eligibility code 2Q.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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