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AF | BCMR | CY2005 | BC-2004-02296
Original file (BC-2004-02296.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-02296
            INDEX NUMBER: 100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to “3K” and the  narrative
reason for his separation be changed to “Secretarial Authority.”

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His records be corrected based on clemency, propriety, and equity.

Prior to his discharge, he discovered his wife was cheating  with  a  fellow
airman he worked with.  He was young and immature at the time and felt  that
if he went back to his parents all of his problems would go away.   He  also
felt that getting out of the military would help him leave the situation  of
his wife’s cheating behind.  In the 17 years  following  his  discharge,  he
has remarried, stayed married for  15  years,  has  an  8-year-old  son,  is
active in his  local  church,  and  has  received  an  Associate  Degree  in
aviation studies.

In support of the appeal, applicant submits letters of character  reference,
statements from his current  employer,  members  of  his  former  Air  Force
rating chain, a civilian psychologist, and his minister,  a  credit  report,
and various other documents regarding his post-service activities.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  1
April 1985.  On 2 June 1987, he received  notification  that  he  was  being
recommended  for  discharge  for  the  convenience  of  the  government  for
conditions that interfere with military service (personality and  adjustment
disorder).  The commander’s  reason  for  the  action  was  a  psychological
evaluation that resulted in the diagnosis of  an  adjustment  disorder  with
mixed emotional features and a mixed  personality  disorder  with  dependent
and  passive  aggressive  personality  features.   The  discharge  authority
approved the discharge and he received an honorable  discharge  on  26  June
1987, under the provisions of AFR  39-10  (Conditions  that  interfere  with
military service - not disability - character and  behavior  disorder),  and
was  issued  RE  code  2C  (Involuntarily  separated   with   an   honorable
discharge).  He had completed a total of 2 years, 2 months, and 26  days  of
active service and was serving in the grade of senior airman  (E-4)  at  the
time of discharge.

On 30 May 2001, the Air Force Discharge Review Board (AFDRB) considered  and
denied applicant’s requests to change the  narrative  reason  and  authority
for his separation and to change his RE code (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
applicant’s discharge was consistent with  the  procedural  and  substantive
requirements of the discharge regulation and was within  the  discretion  of
the discharge authority.   Applicant  has  not  submitted  evidence  of  any
errors or injustices that occurred in the processing of his  discharge,  nor
provided  facts  warranting  a  change  to  the  narrative  reason  for  his
separation or RE code.

The AFPC/DPPRS evaluation is at Exhibit D.

AFPC/DPPAE recommends the application be denied and states,  in  part,  that
documentation submitted  by  the  applicant  clearly  reflects  post-service
accomplishments; however, there is no evidence of injustice relevant to  the
period of service under review.

The AFPC/DPPAE evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The evaluations fail  to  address  his  request  for  clemency,  but  rather
whether procedures were followed.  He is not contesting the reasons for  his
discharge or circumstances surrounding his discharge.   He  contends  it  is
unjust for him to continue to suffer the adverse effects  of  the  narrative
reason  for  his  discharge,  which  tarnishes  his  otherwise   outstanding
citizenship and civilian career.  He has already had to suffer the  negative
narrative reason for his separation for over  18  years.   He  has  provided
numerous documents regarding his post-service accomplishments in support  of
his request for clemency.  Currently, he is hindered  during  any  promotion
process and his supervisors, many of which are veterans, do  not  trust  him
in a supervisory role.

Applicant’s complete response is at Exhibit G.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends changing  the  narrative  reason  for
applicant’s separation to “Secretarial Authority,” but recommends denial  of
his request to change his RE code to  “3K.”   The  BCMR  Medical  Consultant
states,  in  part,  that  although  the  action  and  disposition   in   the
applicant’s case  were  proper,  the  Board  should  consider  changing  the
narrative reason for his discharge based on  corrections  provided  to  more
recently discharged members and on the merits  of  his  case  including  the
many years of social and occupational stability.  Further  in  view  of  his
history before and after extremely stressful marital events toward  the  end
of his Air Force service, it can no longer be concluded that he had, or  has
a personality disorder.  Although the diagnosis of personality  disorder  is
questionable, there is  no  doubt  he  manifested  an  adjustment  disorder.
While he submits evidence of excellent occupational  functioning  since  his
discharge, it does not predict that he will respond well to the stresses  of
military operations, deployment, or combat when he  is  separated  from  his
familiar surroundings and  usual  support  system  of  family  and  friends.
Therefore, it would be inappropriate to change his RE code.

The BCMR Medical Consultant’s evaluation is at Exhibit H.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A complete copy of the additional Air Force evaluation was forwarded to  the
applicant on 18 October  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 not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of  error or injustice to warrant changing  the  narrative  reason
for the applicant’s separation.  In this respect, it appears the action  and
disposition  in  the  applicant’s  case  were  proper.   However,  based  on
corrections provided to more recently discharged members  in  cases  similar
to the applicant’s, and noting the applicant’s  many  years  of  social  and
occupational  stability,  the  BCMR  Medical   Consultant   recommends   his
narrative reason for discharge be changed.  In view of this, and  since  his
history before and after extremely stressful marital events toward  the  end
of his Air Force service suggest he did not have a personality disorder,  we
believe it is not proper to  apply  an  erroneous  label  to  an  individual
because of a recognized administrative shortfall.  In order to  correct  the
injustice of improperly  labeling  the  applicant’s  disorder,  the  Medical
Consultant  recommends  that  his  reason  for  discharge  be   changed   to
“Secretarial Authority.”  We agree.  Therefore, we recommend his records  be
corrected to the extent indicated below.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice to  warrant  upgrading  the  applicant’s  RE
code.  In this respect, we note that applicant’s discharge appears to be  in
compliance with the governing Air Force Regulation in effect at the time  of
his separation and that he was afforded all the rights  to  which  entitled.
Although the diagnosis of personality disorder may have  been  questionable,
there is no doubt he manifested an adjustment disorder.   While  he  submits
evidence of excellent occupational functioning since his discharge, it  does
not predict  that  he  would  respond  well  to  the  stresses  of  military
operations,  deployment,  or  combat  when  separated  from   his   familiar
surroundings and usual support system of family and  friends.   In  view  of
the foregoing, and in the absence of evidence to the contrary,  we  find  no
compelling basis to upgrade his RE code.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 26 June 1987,  he  was  discharged
under the provisions of AFR 39-10, paragraph 1-2,  (Secretarial  Authority),
with Separation Program Designator (SPD) Code “JFF.”

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-02296
in Executive Session on 7 December 2004, under the  provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. James W. Russell, III, Member
                       Mr. Patrick C. Daugherty, Member






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

    Exhibit A.  DD Form 149, dated 10 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFDRB Hearing Record, w/atchs.
    Exhibit D.  Letter, AFPC/DPPRS, dated 5 Aug 04.
    Exhibit E.  Letter, AFPC/DPPAE, dated 17 Aug 04.
    Exhibit F.  Letter, SAF/MRBR, dated 27 Aug 04.
    Exhibit G.  Letter, Applicant, dated 18 Sep 04.
    Exhibit H.  Letter, BCMR Medical Consultant, dated 24 Sep 04.
    Exhibit I.  Letter, AFBCMR, dated 18 Oct 04.




                                   RICHARD A. PETERSON
                                   Panel Chair

AFBCMR BC-2004-02296




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 on 26 June 1987, he
was discharged under the provisions of AFR 39-10, paragraph 1-2,
(Secretarial Authority), with Separation Program Designator (SPD) Code
“JFF.”








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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