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AF | BCMR | CY2005 | BC-2004-02688
Original file (BC-2004-02688.DOC) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02688
            INDEX CODE:  100.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  3 Mar 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2C be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes the mental health evaluation he received that led  to  his
separation was not correct and extremely  harsh.   He  never  had  any
suicidal thoughts or any problems with social contact.

He is currently in  a  law  enforcement  academy  with  intentions  of
becoming a police officer.  He is concerned that he may not be allowed
to become a police officer with his current RE code.

In support of his appeal,  the  applicant  has  provided  an  expanded
statement, extracts from his service medical records, and a letter  to
his congressman.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16  Jan  92  for  a
period of four years in the grade of airman basic (E-1).

On 29 Jan 92, the applicant’s  commander  notified  him  that  he  was
recommending  the  applicant  be  discharged  for  a  condition   that
interferes with military service - mental disorder.   The  reason  for
the action was that the applicant was diagnosed by the  Department  of
Mental Health  as  having  a  mental  disorder  as  contained  in  the
Diagnostic and Statistical Manual of Medical Disorders (DSM  III).   A
determination  was  made  that  the  condition  interfered  with   the
applicant’s duty performance and conduct, and was severe  enough  that
his ability to function in the military  was  significantly  impaired.
The applicant was advised of his rights in  the  matter  and  that  an
entry level separation would be recommended.

On 30 Jan 92, the  Office  of  the  Staff  Judge  Advocate  found  the
discharge case file to  be  legally  sufficient  and  recommended  the
applicant be separated with an entry level separation.  The  discharge
authority approved the discharge action and directed the applicant  be
given an entry level separation.

On 3 Feb 92, the applicant was separated under the provisions  of  AFR
39-10 (Conditions That Interfere With Military Service-Not Disability-
Mental Disorders) with an entry level  separation.   He  was  credited
with 18 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Medical Consultant noted that  on  the  third  day  of  his  basic
military training (BMT), the applicant presented daily  to  sick  call
for left ankle pain due  to  an  old  injury  in  seventh  grade,  and
bilateral foot pain (arches and heels).  His service  medical  records
indicate that there was no new injury in service that  aggravated  the
applicant's ankle condition other than the physical stress of marching
and physical training. Medical providers also noted the applicant  had
expressed a desire to go home and was experiencing anxiety and  stress
and  referred  him  for  a  mental  health  evaluation.   During   his
enlistment medical examination, the applicant had denied a history  of
depression or excessive worry, or nervous trouble of  any  sort.   The
left ankle was examined by an orthopedic surgeon prior  to  enlistment
and was felt  to  be  without  defect  (including  x-ray)  that  would
preclude military service.  The mental health evaluation report, dated
23 Jan 92, following completion of psychological interview and  formal
psychological testing, resulted in a recommendation for administrative
discharge due to a disqualifying mental condition that  existed  prior
to service.  The applicant  was  administratively  separated  with  an
entry level separation for a mental condition that  existed  prior  to
service, that interfered with military training and was determined  to
be incompatible with  continued  military  service.   The  applicant's
chronic ankle condition likely contributed to the stress the applicant
was experiencing at the  time;  however,  his  psychological  problems
predating his entrance  into  military  service  was  the  predominant
reason for his inability to train.

According to the Medical Consultant, the applicant’s narrative  reason
for discharge was accurately listed.  The  separation  code  was  also
correct.  However, currently the Department of Defense (DoD) uses  the
term "personality disorder" administratively to include all  unsuiting
character  and  behavior  disorders  including  adjustment  disorders,
personality disorders, impulse control disorders and mental  disorders
that are not the purview of the disability system  (such  as  existing
prior to service mental disorders) with the separation  code  of  JFX.
This term is confusing because the Diagnostic and  Statistical  Manual
of  Mental  Disorders  uses  the  term  "personality  disorder"  in  a
specific, defined manner to classify specific disorders of personality
that do not include other conditions such as existing prior to service
mental conditions. The applicant was not  formally  diagnosed  with  a
personality disorder but was noted to show prominent  avoidant  traits
(such  as  seen  in  avoidant  personality  disorder);  however,   the
principle diagnosis of social phobia likely accounts for the "avoidant
traits."  In view of the foregoing, and the relative  contribution  of
the applicant's ankle condition, the Board may consider  changing  the
narrative  reason  and  separation  code  to  failed  medical/physical
procurement standards, erroneous enlistment, or Secretarial Authority.
 The Board may wish to consider the effects of changing the  narrative
reason with regard to having the unintended  effect  of  concealing  a
potentially significant medical  history  that  may  be  important  in
screening  and  selecting  law  enforcement  officers.   However,  the
applicant is under obligation  to  accurately  and  fully  report  his
medical and psychiatric history as required and action by the Board to
grant relief does not relieve him of any such obligation.

The  Medical  Consultant  indicated  that  although  the  action   and
disposition  in  this  case  were  proper  and  equitable   reflecting
compliance with Air Force directives that implement the law, the Board
may consider granting relief with the options noted.  However, he does
not believe there should be a change to the applicant’s RE code.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed  the  advisory  opinion  and  provided  a  response
indicating that since his discharge, he has matured into a responsible
individual.  He believes he deserves a change  to  his  RE  code,  and
would greatly appreciate the Board granting him this relief.

Applicant’s complete response, with attachments, 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 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.  The evidence of record indicates the
applicant was given an entry  level  separation  for  conditions  that
interfere with military service-not disability-mental disorders,  with
a separation program designator code (SPD) of  JFX.   It  appears  the
narrative reason for his separation and corresponding SPD code were in
accordance with DOD standards.  However, after a  thorough  review  of
the evidence presented, in particular the assessment  by  the  Medical
Consultant, we are sufficiently persuaded the applicant’s  reason  for
separation and SPD code did not truly reflect the diagnosed  condition
which ultimately resulted in his separation from the  Air  Force,  and
that corrective action is warranted.  Accordingly,  we  recommend  the
applicant’s records be corrected to  show  his  narrative  reason  for
separation as “Directed By the Secretary of the Air  Force,”  with  an
SPD code of “JFF,” which was the code in effect at  the  time  of  his
separation.  In our view, this is the proper  and  fitting  relief  in
this case.

4.  The applicant’s request that his RE Code  of  2C  be  changed  was
noted.  However, after reviewing the available evidence,  we  are  not
inclined to change the applicant’s RE code to one that would allow him
the opportunity for further military service.  In this respect, we are
not convinced by the evidence presented that the problems he had which
led to his separation would not recur if he were again  to  enter  the
highly regimented military environment.   Therefore,  the  applicant’s
request that his RE code be changed is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that, in conjunction  with
his entry level separation on 3 Feb 92, he  was  issued  a  separation
program designator code of "JFF" and a narrative reason  of  "Directed
By Secretary of the Air Force."

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 Jul 05, under the provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. Marcia Jane Bachman, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number  BC-
2004-02688 was considered:

     Exhibit A.  DD Form 149, dated 20 Aug 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, Medical Consultant, dated 16 Jun 05.
     Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 05.
     Exhibit E.  Letter, applicant, dated 7 Jul 05, w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair




AFBCMR BC-2004-02688




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 , be corrected to show that, in conjunction with his
entry level separation on 3 Feb 92, he was issued a separation program
designator code of "JFF" and a narrative reason of "Directed By
Secretary of the Air Force."







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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