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AF | BCMR | CY2005 | BC-2004-03797
Original file (BC-2004-03797.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-03797
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  13 June 2006


________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for his separation and  Reenlistment  Eligibility  (RE)
code be changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

The narrative reason for his separation is  preventing  him  from  obtaining
gainful employment and the RE code issued at the time of his  separation  is
preventing him from enlisting into another branch of service.

In support of the appeal, applicant submits a  copy  of  his  DD  Form  214,
Certificate of Release or Discharge from Active Duty.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  17
February 1999, for a period of six years.  He was progressively promoted  to
the grade of senior airman (E-4).  He received a Letter of  Reprimand  (LOR)
on 5 October 1999 for urinating in the dormitory ice machine at Tyndall  AFB
on 27 September 1999.  He received another LOR on 8 March  2000  for  taking
the rest of the day off on 7 March 2000 for  a  dental  appointment  without
his supervisor’s approval;  investigation  determined  he  did  not  have  a
dental appointment.  On 8 July 2002, he received notification  that  he  was
being recommended for discharge for  a  mental  disorder.   The  commander’s
reason for the action was that on 10 June 2002, the applicant was  evaluated
in the Life Skills Clinic and diagnosed with  an  adjustment  disorder  with
mixed depression and anxiety.  The commander also referenced  the  two  LORs
applicant  received,  not  as  the  basis  for  discharge  or  for   service
characterization, but to decide if the applicant  should  be  discharged  or
receive probation and rehabilitation.  The discharge authority approved  the
discharge and he received an honorable discharge on 30 July 2002, under  the
provisions of AFI 36-3208 (Personality Disorder),  with  Separation  Program
Designator (SPD) code “JFX” – Personality Disorder, and was issued  RE  Code
3C (First-term airman not yet considered under  the  Selective  Reenlistment
Program (SRP)).  He had completed a total of 3 years, 5 months, and 12  days
of active service and was serving in the grade of  senior  airman  (E-4)  at
the time of discharge.

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends changing  the  narrative  reason  for
the applicant’s separation to  “Secretarial  Authority,”  and  changing  his
Separation Program Designator  (SPD)  code  to  “JFV”  –  Conditions  not  a
Disability.  However, he recommends denial of applicant’s request to  change
his RE code.   The  BCMR  Medical  Consultant  states,  in  part,  that  the
Department  of  Defense  (DoD)  uses   the   term   “personality   disorder”
administratively on the DD Form 214 to include all unsuiting  character  and
behavior  disorders,  to  include  adjustment   disorders.    However,   the
Diagnostic and Statistical Manual of Mental Disorders (DSM)  uses  the  term
“personality disorder” in a specific manner to classify  specific  disorders
of personality that do  not  include  adjustment  disorders.   Although  the
action and disposition in the applicant’s case were  proper,  since  he  was
not diagnosed with a personality disorder, it is inaccurate to  list  it  as
the narrative reason for his separation, even though administratively it  is
correct.  The fact  that  he  is  currently  functioning  well  at  home  is
consistent with the  diagnosis  of  an  adjustment  disorder  and  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 C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  12
October 2005 for review and response within 30 days.  As of  this  date,  no
response has been received by this office.

________________________________________________________________





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 to warrant  changing  the  narrative  reason
for the applicant’s separation, Separation Program  Designator  (SPD)  code,
and RE code.  In this respect, it appears the action and disposition in  the
applicant’s case were proper.  However, since he was never diagnosed with  a
personality disorder, the BCMR Medical Consultant recommends  his  narrative
reason for discharge be changed.  In view of this,  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 BCMR  Medical  Consultant  recommends
that his reason for discharge be changed  to  “Secretarial  Authority,”  and
his SPD code be changed to “JFV” – Conditions not a Disability.   We  agree.
We also note that at the time of his separation, he was  erroneously  issued
RE code 3C  (First-term  airman  not  yet  considered  under  the  Selective
Reenlistment  Program  (SRP))  and  should  have  been  issued  RE  code  2C
(Involuntarily separated with an honorable discharge).  The RE  code  of  3C
is not to be used at time of separation  and  is  to  be  removed  from  the
Personnel Data System (PDS) when the member is selected or not selected  for
reenlistment,  or  becomes  ineligible  for  reenlistment.   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 Instruction 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 is functioning well at this time at home, 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 to an eligible code for enlistment.

________________________________________________________________





THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 30 July 2002,  he  was  discharged
under  the  provisions  of  AFI   36-3208,   paragraph   1-2,   (Secretarial
Authority), with a Separation Program Designator (SPD) code  of  “JFV,”  and
Reenlistment Eligibility code “2C.”

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-03797
in Executive Session on 7 December 2005, under the  provisions  of  AFI  36-
2603:

                 Ms. Kathy L. Boockholdt, Panel Chair
                 Mr. Terry L. Scott, Member
                 Mr. Michael J. Maglio, Member

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

    Exhibit A.  DD Form 149, dated 3 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memo, BCMR Medical Consultant, dated 12 Oct 05.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Oct 05.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair



AFBCMR BC-2004-03797




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 30 July 2002, he
was discharged under the provisions of AFI 36-3208, paragraph 1-2,
(Secretarial Authority), with a Separation Program Designator (SPD) code of
“JFV,” and a Reenlistment Eligibility code “2C.”






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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