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AF | BCMR | CY2006 | BC-2005-00825
Original file (BC-2005-00825.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00825
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  10 SEP 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code 2C (Involuntarily  separated
with an honorable discharge;  or  entry  level  separation  without
characterization of service) be changed to an eligible reenlistment
code.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was honorably discharged after multiple knee surgeries that made
it impossible to return to his chosen career field  of  Pararescue.
He was given an opportunity to  retrain  into  a  different  career
field behind  a  desk,  which  eventually  led  to  depression  and
separation.

With his decision to separate, he  was  not  aware  that  it  would
render him ineligible to reenlist in a Reserve or Guard  component.
Now, he has an opportunity to join  an  Air  National  Guard  unit,
which would allow him to serve in his original career field, Combat
Arms Instructor for which he is physically fit.

In support of his appeal, applicant submitted a personal statement;
copies of DD Forms 214, Certificate of Release  or  Discharge  from
Active Duty, dated 22 Nov 95 and 19 Sep 01; a  statement  from  his
civilian medical provider; a copy of NGB Form  22,  National  Guard
Bureau Report of Separation and Record of Service, dated 23 Feb 99,
and an AF Form 100, Request and Authorization for Separation, dated
19 Sep 01.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air National Guard (ANG) on 24 Feb 95 for
a period of four years.  He entered extended active duty (EAD) on
27 Jul 95, during this  period  he  completed  the  basic  military
training course and the Combat Arms Training and Maintenance (CATM)
course.  He was released from active duty on 22  Nov  95.   He  was
honorably separated from the ANG on 23 Feb 99.

On 15 May 00, applicant enlisted in the Regular  Air  Force  for  a
period of four years.

On 19 Sep 01, the applicant was discharged under the provisions  of
AFI 36-3208, by reason of personality disorder, and was  issued  an
RE  code  of  2C  (involuntarily  separated   with   an   honorable
discharge), with a separation code of HFX.  He  was  credited  with
1 year, 4 months, and 5 days of active duty service.

In his response to a status letter,  dated  13  Sep  05,  applicant
restates his commitment to  continue  supporting  our  country  and
reenlisting now seems custom tailored to his abilities.   His  knee
injuries would not be a limiting factor in this situation  and  the
depression has been gone for several years.

___________________________________________________________________

AIR FORCE EVALUATION:

The  AFBCMR  Medical  Consultant  states  that  the  applicant  was
discharged for unsuitability, on 19 Sep 01, after 1 year, 4 months,
and 5 days on active duty and now requests change  of  reenlistment
code so that he may reenter military service  contending  his  knee
condition  will  not  interfere  with   less   strenuous   military
specialties, specifically combat arms training and maintenance  and
that his depression has resolved.

Available service medical records (SMR) indicate complaint of  knee
pain in Apr 01 associated  with  running  leading  to  arthroscopic
surgery for a torn meniscus, chondromalacia patella and a plica  in
May   01.    Applicant   was   administratively   discharged    for
unsuitability.  Available records indicate post  service  diagnoses
that include personality  disorder  and  depressive  disorder,  the
latter condition rated 70 percent by  the  Department  of  Veterans
Affairs (DVA).  Although the service mental  health  evaluation  in
not present in the case file, the evidence of record indicates that
personality  disorder   was   the   principle   diagnosis   causing
administrative separation from service (and underlying his symptoms
of depressed mood and suicidal behavior).  He  requests  change  of
his reenlistment code so that he my reenter the Air National  Guard
in the CATM career field.  He reports that his  knee  condition  is
improved and would not interfere with duties  associated  with  the
CATM career field (security  police)  and  also  reports  that  his
depression has resolved.

Members  who  are  diagnosed  with  adjustment  disorder   and   or
personality disorder (or other conditions not within the purview of
the disability evaluation system) that  interferes  with  continued
military duties are subject to administrative  discharge  by  their
commanders.   Members  discharged  for  unsuitability   receive   a
reenlistment code that prevents  reenlistment.   DVA  documentation
indicates continued symptoms and disability compensation  following
separation for depression also disqualifying for reenlistment.  The
applicant’s underlying personality  disorder  is  a  long  standing
condition that is disqualifying for  reenlistment.   Manifestations
(symptoms and behavior) of personality disorders, wax and wane over
time depending on the nature and degree of stressors present at any
given time.  Although he is motivated to serve, the  fact  that  he
may be doing well presently does not predict he will not experience
recurring symptoms preventing performance of military duties due to
similar personal stressors as well as the stressful  conditions  of
military duties during deployments, combat, and operational  tours.
Action and disposition  in  this  case  are  proper  and  equitable
reflecting compliance with Air Force directives that implement  the
law.  The BCMR Medical Consultant is of the opinion that no  change
in the records is warranted.

A complete copy of the 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 9 May 06 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of an error  or  injustice.   Applicant’s
contentions are duly noted; however, we are not persuaded  that  he
has been the victim of an error or injustice.  At the time  members
are separated from the Air Force, they are  furnished  an  RE  code
predicated upon the quality of their service and the  circumstances
of their separation.  Applicant’s RE code of 2C accurately reflects
that he was involuntarily separated with  an  honorable  discharge.
The applicant’s case has undergone an exhaustive review by the BCMR
Medical Consultant and we find nothing in the evidence provided  by
the applicant that would  overcome  his  assessment  of  the  case.
After a thorough review of the evidence of record, we believe  that
given the circumstances surrounding the applicant’s separation, the
RE code issued was in accordance  with  the  governing  directives.
Therefore, in the absence of persuasive evidence to  the  contrary,
we find no compelling basis to recommend granting the relief sought
in this application.

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   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-2005-00825 in Executive  Session  on  6  June  2006,  under  the
provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Elwood C. Lewis III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Medical Consultant, dated 8 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 10 May 06.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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