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AF | BCMR | CY2005 | BC-2003-01340
Original file (BC-2003-01340.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01340
            INDEX CODE:  110.02

      XXXXXXXXXXXXXXXXXXX    COUNSEL: None


      XXXXXXXXXXXXXXXXXXX    HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  17 JAN 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code and separation code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and confused but has changed his life around and believes
he can be a valuable asset to the Air Force.

In support of his request, applicant provided a personal Resume and  a
Letter of Recommendation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
19 January 1990.

On 16 May 1990, the applicant was notified by his  commander  that  he
was recommending he be discharged from the Air Force for  a  condition
that interferes with military  service;  specifically  for  adjustment
disorder.  The basis  for  the  action  was  on  26  April  1990,  the
applicant  was  diagnosed  with  an  adjustment  disorder,  which  was
determined severe enough that his ability to function in the  military
was significantly impaired.

He was advised of his rights in this matter and elected not to  submit
statements in his own behalf.  The discharge  authority  approved  the
discharge and directed an uncharacterized entry-level separation.   On
22 May 1990, he was discharged  with  an  uncharacterized  entry-level
separation,  under  the  provisions  of  AFR   39-10,   Administrative
Separation of Airmen, (personality disorder).  He received an RE  code
of 2C “Involuntarily separated with an honorable discharge;  or  entry
level separation without characterization of service”.  He served four
months and four days total active service.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report  pertaining
to the applicant, which is at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The medical consultant
states the  applicant  was  diagnosed  with  adjustment  disorder  and
clinically significant maladaptive  personality  traits  disqualifying
for military service.

He was also diagnosed with dysthymia, a syndrome of chronic  depressed
mood that requires a minimum of two years duration  before  diagnosis.
Despite the passage of years, this  psychiatric  history  indicates  a
lifelong risk for recurrent difficulties in an  unpredictable  fashion
under circumstances of stress, including times when such problems  can
least be afforded by a military unit.

His subsequent apparent success in a civilian  career  in  information
technology notwithstanding, the applicant’s history of adjustment  and
abnormal  personality  traits  identified  in  1990,  are  permanently
disqualifying for military service.

Action  and  disposition  in  this  case  are  proper  and   equitable
reflecting compliance with Air Force  directives  that  implement  the
law.

The Medical Consultant’s 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
15 April 05, for review and comment within 30 days.  As of this  date,
this office has received no response.

The applicant reviewed the FBI report and stated he did not handle any
explosives, have any intention to scare  anyone  with  explosives,  or
took part in any plot to do so.  Under Michigan law, because a  friend
decided to make an explosive  out  of  a  toilet  paper  roll  and  he
happened to be with him when he used it, he was considered guilty.  He
had no prior knowledge of what he had in mind at the time and did  not
condone his actions.

He encloses documentation that will show all charges relating to  this
incident and his involvement with it were dismissed.

The applicant’s complete response to the FBI Report, with attachments,
is Exhibit F.

_________________________________________________________________

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  to  warrant  changing  the
applicant’s reenlistment eligibility (RE) code.  We took notice of the
applicant’s complete submission in judging the  merits  of  the  case.
However, we agree with the  BCMR  Medical  Consultant’s  opinions  and
recommendation and adopt the consultant’s rationale as the  basis  for
our conclusion that the applicant has not been the victim of an  error
or injustice.  Therefore, in the absence of 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 Docket  Number  BC-2003-
01340 in Executive Session on 29 June 2005, under  the  provisions  of
AFI 36-2603:

                 Mr. Gregory H. Petkoff, Panel Chair
                 Ms. Jan Mulligan, Member
                 Ms. Patricia A. Robey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Jul 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 5 Apr 05.
      Exhibit D. Letter, SAF/MRBR, dated 15 Apr 05.
      Exhibit E. FBI Report, dated 26 May 05, w/atch.
      Exhibit F. Letter, Applicant’s Response to FBI Report, dated  31
                 May 05, w/atchs.





      GREGORY H. PETKOFF
      Panel Chair

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