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AF | BCMR | CY2004 | bc-2003-00872
Original file (bc-2003-00872.doc) Auto-classification: Approved

                            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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