RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01343
INDEX NUMBER: 110.00
XXXXXXXXXXXXX COUNSEL: None
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 21 Oct 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like his discharge changed to honorable because of medical
conditions having an effect on his service. He received a mental
health evaluation while still in service, which led to his discharge.
Applicant provides a copy of the mental health evaluation.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 30 Dec 04. On 2
Apr 04, he was notified by his squadron commander he was being
recommended for discharge from the Air Force for mental disorders and
for minor disciplinary infractions. The applicant had been diagnosed
by a staff psychiatrist as having an adjustment disorder so severe as
to significantly impair his ability to effectively function in the
military environment. The applicant was not suffering from a
medically disqualifying condition and was considered competent to make
decisions. The reasons for the commander’s actions were:
a. Received a letter of reprimand (LOR) on 18 Mar 04 for
several incidents of making threatening gestures toward other airmen.
b. Received an LOR on 6 Mar 04 for dereliction of duty and
being late for duty.
c. Received an LOR on 26 Feb 04 for failure to report to his
appointed place of duty.
d. Punished under Article 15 on 20 Feb 04 for dereliction of
duty and failure to report to his appointed place of duty.
e. Diagnosed on 12 Feb 04 with Axis I, Adjustment disorder
with mixed disturbance of emotions and conduct and Axis II, strong
schizotypal, narcissistic, histronic, and antisocial traits.
f. Received a LOR on 4 Dec 03 for various motor vehicle
violations.
g. Received an LOR on 30 May 03 for missing a mandatory
formation.
On 2 Apr 04, the applicant acknowledged receipt of the notification,
consulted counsel and waived his option to submit statements in his
own behalf. Subsequently his squadron commander recommended to the
wing commander the applicant be separated for the reasons stated
above. The Judge Advocate found the proposed discharge legally
sufficient and recommended the applicant be discharged with the
primary basis as minor disciplinary infractions with a General (Under
Honorable Conditions) discharge without probation and rehabilitation.
On 19 Apr 04, the Wing commander directed the applicant’s discharge
from the Air Force as recommended. The applicant was discharged on 20
Apr 04 for misconduct with a General (Under Honorable Conditions)
discharge. Additional facts relevant to this case are contained in
the evaluation prepared by the BCMR Medical Consultant found at
Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. The applicant was administratively separated both due to
unsuitability due to adjustment disorder and misconduct. Evidence of
record indicates a pre-service pattern of conduct that continued
following entry on active duty consistent with his long standing
maladaptive personality traits. According to AFI 36-3208 the presence
of unsuiting conditions does not bar characterizing the member’s
service based on the quality of their service and conduct when another
basis for discharge exists that allows and merits such a
characterization. In this instance, the unsuiting conditions are
secondary and the character of service is based on the primary basis
such as misconduct or unsatisfactory service. AFI 36-3208, Chapter 5,
paragraph 5.11, specifically states that discharge for mental
conditions is not appropriate if the airman’s record supports a
discharge for another reason, such as misconduct. Although a
discharge based solely on a mental disorder warrants an Honorable
characterization, because this case was processed with misconduct as
the principle reason, AFI 36-3208, Chapter 6, paragraph 6.44.3 allows
the criteria and latitude for a misconduct discharge to be applied.
The 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 5
Jun 06 for review and comment within 30 days. To date, a response has
not been received.
_________________________________________________________________
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 basis for our
conclusion that the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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 Docket Number BC-2005-
01343 in Executive Session on 13 July and 28 July 2006 under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Marilyn M. Thomas, Member
Ms. Josephine L. Davis, Member
The following documentary evidence pertaining to Docket Number BC-2005-
01343 was considered:
Exhibit A. DD Form 149, dated 18 Apr 05, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memo, BCMR Medical Consultant, dated 5 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 5 Jun 06.
RICHARD A. PETERSON
Panel Chair
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