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AF | BCMR | CY2005 | BC-2005-00082
Original file (BC-2005-00082.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00082
            INDEX CODE:  112.00

            COUNSEL:  NONE
XXXXXXX
            HEARING DESIRED:  YES

MANDATORY COMPLETE DATE: 9 JULY 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to  one  that  will  allow
him to reenlist into the U.S. Armed Services.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His diagnosis of depression was inaccurate and  the  prescribed  medications
for depression caused hallucinations and mood swings.

In support of his application, applicant provided a  copy  of  his  DD  Form
214, Certificate of Release or Discharge from Active Duty and a copy of  his
medical records

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

_________________________________________________________________

STATEMENT OF FACTS:

On 16 December 1993, the applicant enlisted in the Regular Air Force in  the
grade of airman basic for a period of six years.

On 16 June and 22 October 2003, a mental  health  evaluation  diagnosed  the
applicant with Axis I: Alcohol Dependency, Occupational  Problem,  Axis  II:
Personality Disorder, not otherwise specified (NOS), Axis  IV:  Occupational
problems  resulting  from  chronic  illness  of  wife  and   daughter,   and
geographic separation from  family.  The  medical  evaluation  asserted  the
applicant’s  aggression  and  hostility  was  incompatible   with   military
service.  As  a  result,  the  mental  health   evaluation   concluded   the
applicant’s mental disorders were so severe that his ability to function  in
a  military  environment  is  significantly  impaired.  The  applicant   was
recommended for separation from the Air Force for mental disorders.
On 3 February 2004, the applicant was notified of his commander's intent  to
initiate  discharge   action   under   the   provision   of   AFI   36-3208,
Administrative Separation of Airmen, Chapter  5,  Section  B,  para  5.11.9,
Mental Disorder.

The commander advised the applicant of his right to consult  legal  counsel,
to  submit  statements  in  his  own  behalf,  or  waive  his  rights  after
consulting with counsel.

On 19 February 2004, the applicant submitted a waiver of  his  rights  to  a
board hearing on the condition he receive an honorable discharge.

The Staff Judge Advocate found the discharge action  legally  sufficient  to
support a decision to separate the applicant for mental  disorders  with  an
honorable discharge characterization, as soon as he is found  medically  fit
for separation.

On 3 March 2004, the commander accepted the conditional waiver and  directed
the applicant be discharged with service characterized as honorable  without
probation and rehabilitation.

On 8 March 2004, the applicant was discharged under the  provisions  of  AFI
36-3208 (Personality Disorder) with an RE code  of  “2C”  and  an  honorable
discharge in the grade of staff sergeant.  He served 10 years, 2 months  and
23 days of total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the  records
is  warranted.   The  applicant  was   administratively   discharged   under
provisions for unsuitability due to a  diagnosis  of  Personality  Disorder.
The applicant experienced an episode of depression from late  1998  to  2001
successfully treated that did not interfere with  continued  performance  of
duty. He was treated for alcohol abuse in 2000 but while  in  Korea  in  the
spring of 2003 he was a treatment program failure  following  resumption  of
heavy alcohol abuse. An episode of hallucinations was determined to  be  due
to alcohol and  not  prescribed  medication  and  did  not  recur  following
sobriety with continued treatment with the  same  medications.  Evidence  of
the record clearly shows  the  applicant’s  diagnosed  personality  disorder
rendered him unsuitable for continued military service and that he  had  the
benefit of extensive mental health treatment  over  a  prolonged  period  of
time prior to his discharge.

BCMR Medical Consultant’s complete 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  20
June 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded  that
his RE code for separation should be changed.  Applicant’s contentions  were
duly noted; however, we do not find these assertions, in and by  themselves,
sufficiently persuasive to override the evidence of record.  We  agree  with
the opinion and recommendation of the BCMR Medical Consultant and adopt  his
rationale as the basis for our conclusion that the applicant  has  not  been
the victim of an error or injustice.  Therefore, in absence of  evidence  to
the contrary, we find no basis to recommend granting the relief sought.


4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number  BC-2005-
00082 in Executive Session on 19 July 2005, under the provisions of AFI  36-
2603:



                 Mr. John B. Hennessey, Panel Chair
                 Mr. Richard K. Hartley, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 16 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 05.




                                   JOHN B. HENNESSEY
                                   Panel Chair


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