RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02430
INDEX NUMBER: 110.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 8 Feb 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 be amended in Block 28, “Narrative Reason for
Separation,” to read “anxiety disorder,” rather than “personality
disorder.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
The fact that his DD Form 214 reflects he was discharged for
“personality disorder” has caused him extreme financial hardship. He
has since been evaluated by the Department of Veterans Affairs (DVA)
and has been granted service connected disability for an “anxiety
disorder.”
In support of his appeal, applicant provides a copy of his DVA related
medical paperwork.
The applicant’s complete evaluation, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 26 Apr 00, and received an
initial enlistment bonus in the amount of $13,000. On 21 Apr 03, his
squadron commander notified him he was recommending his discharge from
the Air Force for a condition that interferes with military service,
specifically, an adjustment disorder with mixed anxiety and depressed
mood and borderline personality disorder. The commander recommended
the applicant receive an honorable discharge.
The reason for the commander’s action was the result of a mental
health evaluation that determined the applicant suffered from a
disorder so severe that his ability to function effectively in the
military environment was significantly impaired. Additionally, the
commander considered actions taken against the applicant for a number
of incidents and offenses. The applicant acknowledged receipt of the
commander’s intended action and waived his right to consult counsel
and to submit statements in his behalf. The proposed discharge was
found legally sufficient by the wing staff judge advocate. On 23 Apr
03, the wing commander directed that the applicant be separated from
the Air Force for a condition that interferes with military service,
specifically, an adjustment disorder with mixed anxiety and depressed
mood and borderline personality disorder. It was also directed that
he be issued an honorable discharge. The applicant was discharged on
24 Apr 03 with an honorable discharge. The narrative reason for
discharge reflected on his DD Form 214 was “Personality Disorder.”
The applicant received two enlisted performance reports during his
time in the Air Force, one with an overall rating of “5” and a second,
referral report, with an overall rating of “3.” The referral report
was due to a marking of “1” in the performance factor dealing with
off/on duty conduct. The referral report also contained comments
related to the applicant’s disciplinary problems.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial of the applicant’s
request to change the narrative reason for his discharge. Members
discharged for unsuitability due to Personality Disorder or Adjustment
Disorder are required to reimburse the government for the unearned
portion of enlistment bonuses. Members discharged for disability such
as Anxiety Disorder are not required to reimburse the government for
such bonuses. The applicant contends his post-service diagnosis of
Anxiety Disorder not otherwise specified is the correct diagnosis for
symptoms he experienced while in service and requests change of his
discharge documents to reflect discharge based on this unfitting
condition in order to avoid recoupment of the unearned portion of his
enlistment bonus.
Personality disorders or maladaptive personality traits are not
medically disqualifying or unfitting but may render the individual
unsuitable for further military service and may be cause for
administrative action by the individual’s unit commander. Personality
disorders are considered significant risk factors for subsequent
development of mental illness including depression, bipolar disorder,
anxiety disorder, and schizophrenia.
Adjustment Disorder is characterized by marked psychological distress
in response to identifiable stressors that overcome the individual’s
ability to cope and is frequently associated with significant
impairment in social and occupational functioning. Adjustment
Disorders when severe enough are unsuiting for continued military
service and cause for administrative discharge.
In this case, a three month gap in mental health care between Jan and
Mar 03 appears to indicate that symptoms were episodic in response to
occupational stressors rather than a prolonged condition regardless of
the presence of stressors favoring Adjustment Disorder over anxiety
disorder. The applicant’s diagnosis is complicated by the presence of
personality disorder, which was viewed as the principle diagnosis
producing the majority of his symptoms that interfered with duty
performance.
Following discharge from military service, the applicant has
experienced persistent and worsening symptoms with various diagnoses
suggesting a pattern of an evolving mental illness that began while in
service. Despite the varying diagnoses, he has been consistently
diagnosed with Personality Disorder as a major component of his
problem. The most recent evaluation rendered diagnoses of Anxiety
Disorder not otherwise specified and Personality Disorder not
otherwise specified. The BCMR Medical Consultant does not conclude
that the evidence in the service medical records support change of
records to show disability discharge for anxiety disorder and notes
that the predominant diagnosis interfering with duty at the time was
the non-compensable personality disorder.
The BCMR Medical Consultant notes that although review of the records
does not demonstrate an error, the Board may consider granting relief
of the requirement for recoupment if it finds evidence of an injustice
in this complex case.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A response to the Air Force evaluation was provided on the applicant’s
behalf from a Department of Veterans Affairs (DVA) staff psychiatrist.
The staff psychiatrist provides a summary of the applicant’s current
working diagnoses. Based on his review of the applicant’s medical
file, he notes that the applicant’s problems in the Air Force seemed
to surface in Jan 02 and continued until his separation. He states
the applicant reported the occurrence of a Closed Head injury with
transient loss of consciousness sometime in 2001 and that he did seek
medical attention several days later. The staff psychiatrist
indicates that it appears that the development of disciplinary issues
occurred following this and is very likely related to the head injury.
He further notes that a brain MRI obtained on Jul 05 was essentially
within normal limits, though this does not rule out possible post-head
injury effects. He states that neurological testing has been
requested.
The DVA staff psychiatrist opines that the available information on
the applicant is consistent with the conclusion that mood and
behavioral problems developed following a closed head injury while he
was on active duty in the Air Force. An underlying genetic
predisposition to mood swings may have been an additional factor or
unmasked as a result.
It is the DVA staff psychiatrist’s best medical opinion that the
behavioral changes leading to the applicant’s discharge were most
likely secondary to the reported closed head injury. He requests the
Board consider favorable action on the applicant’s request not to
repay the enlistment bonus he received. He also opines that it would
seem reasonable to consider establishing service connection for the
applicant’s head injury and psychiatric residual.
The complete response is 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the BCMR
Medical Consultant and adopt his rationale as the primary basis for
our conclusion that the applicant has not been the victim of an error
or injustice warranting a change in the narrative reason for his
discharge from the Air Force. Additionally, we considered the
recommendation of the DVA staff psychiatrist that the applicant be
granted service connection for a closed head injury. However, a
review of the available medical records does not reveal sufficient
information to support such a determination. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting this portion of the relief requested.
4. Notwithstanding the above determination, we note that the BCMR
Medical Consultant has stated that following discharge from military
service, the applicant has experienced persistent and worsening
symptoms with various diagnoses suggesting a pattern of an evolving
mental illness that began while he was in service. We also note that
the DVA staff psychiatrist has indicated the applicant’s problems are
“very likely” related to the closed head injury. While we do not
believe the available evidence supports granting the requests already
discussed, we believe there is enough uncertainty in the applicant’s
case that requiring him to repay the enlistment bonus could be viewed
as an injustice. As such, in the interest of equity and injustice, we
believe the applicant’s debt should be waived. Therefore, we
recommend his 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 20 April 2003, he
applied for and competent authority granted a waiver of the recoupment
of the unearned portion of the initial enlistment bonus he received in
conjunction with his 26 April 2000 enlistment.
_______________________________________________________________
The following members of the Board considered Docket Number BC-2004-
02430 in Executive Session on 21 September 2005, under the provisions
of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Charlie E. Williams, Jr., Member
Mr. Jay H. Jordan, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jul 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 30 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 12 Jul 05.
Exhibit E. Letter, DVA, dated 6 Sep 05, w/atchs.
JOSEPH G. DIAMOND
Panel Chair
AFBCMR BC-2004-02430
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
20 April 2003, he applied for and competent authority granted a
waiver of the recoupment of the unearned portion of the initial
enlistment bonus he received in conjunction with his 26 April 2000
enlistment.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2005 | BC-2004-03414
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03414 INDEX CODE: 128.05 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 7 JUNE 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for discharge be changed to reflect a medical reason that would not require recoupment of his enlistment bonus. The BCMR Medical Consultant states the applicant’s...
AF | BCMR | CY2005 | BC-2005-01677
The Board noted that the Air Force Separations Branch was unable to determine the propriety of the separation. Nevertheless, we agree with the recommendation of the Air Force Reenlistments office that the applicant’s request should be granted based on the governing directive in effect at the time of his separation. Therefore, we recommend the applicant’s records be corrected as indicated below.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00647 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her separation code be changed. The BCMR Medical Consultant states that the applicant was administratively separated due to an adjustment disorder with mixed disturbance of emotions and conduct, and traits of a personality disorder. On...
AF | BCMR | CY2004 | BC-2004-00533
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00533 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His separation and reentry code be changed and recoupment of the unserved portion of his enlistment bonus be waived. The remaining relevant facts pertaining to the applicant’s mental health evaluations, extracted from the...
AF | BCMR | CY2006 | BC-2004-03494
On 28 March 2002, the applicant was evaluated by mental health and diagnosed with alcohol dependence. In addition, the BCMR Medical Consultant’s recommends denying the applicant’s request to change his characterization of service or to correct the applicant’s records to show a disability discharge. The BCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force...
The BCMR Medical Consultant states that the applicant was diagnosed with an adjustment disorder, and not the personality disorder that appears on the DD Form 214 an error that needs to be corrected. The BCMR Medical Consultant further states that the current AFI regulating separations for mental health problems does not allow coding for other than “personality disorder,” an entirely different code sequence from that with which the applicant was diagnosed. However, after reviewing all the...
AF | BCMR | CY2005 | BC-2005-02043
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02043 INDEX CODE: 110.02, 128.10 COUNSEL: None HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 1 Jan 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His Separation Program Designator (SPD) code be changed to one that does not require recoupment of the unearned portion of his Initial Enlistment Bonus (IEB). His SPD code was “JFX”...
AF | BCMR | CY2014 | BC 2014 00679
Furthermore, the report stated the applicant was deemed unsuitable for continued military service on the basis of the Narcissistic Personality Disorder. The complete DPSOR evaluation is at Exhibit C. The BCMR Medical Consultant recommends denial of the applicants request to change his narrative reason for separation to a medical discharge. The complete BCMR Medical Consultant evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were...
AF | BCMR | CY2004 | BC-2003-03834
The Medical Evaluation Board (MEB) narrative summary dated August 18, 2002 indicated that the applicant reported difficulties with job stress while performing missile duties since his arrival and reported “angered and resentment over “doing wrong job” and being “better suited elsewhere in USAF.” His symptoms had worsened markedly in the month preceding his April 2002 presentation to the mental health clinic. The applicant was disability discharged with severance pay for Anxiety Disorder...
AF | BCMR | CY2006 | BC-2006-01757
The IPEB reviewed his case and found the member fit and recommended, "Return to Duty." BCMR Medical Consultant's complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the Air Force evaluations and stated he sought a second opinion by pulmonologist in December 2005 and was diagnosed with asthma after having below normal pulmonary function tests. In this respect, the Board notes...