RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02262
INDEX CODE: 100.06
COUNSEL: None
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 23 Jan 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment eligibility (RE) code on her DD Form 214 be changed
so that she can enlist in the Air Force Reserve (USAFR).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her miscarriages caused a chemical imbalance. She wants a chance to
prove she is an asset, not a hazard, to the Air Force. She is willing
to do whatever it takes to be able to serve her country. In support
of her appeal, she provides some of her medical entries, her
vocational nursing diploma, and a statement from a former enlisted
member.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The following was extracted from the applicant’s available military
personnel records and selective medical entries provided by the
applicant. The applicant’s military medical records were not
available.
The applicant enlisted in the Regular Air Force on 14 May 97, and was
assigned to the 15th Security Forces Squadron (15 SFS) at Hickam AFB,
HI, as an installation entry controller/basic force protector.
On 25 Dec 97, she received a Letter of Reprimand (LOR) for failing to
report for duty or to be properly excused from duty on 24 Dec 97,
causing the shift to be one person short of the required minimum
manning and degrading security.
On 19 Nov 98, applicant was notified of her commander's intent to
impose nonjudicial punishment upon her for being asleep at her post as
a sentinel guarding an aircraft on the flight line at Hickam AFB, HI,
on 17 Nov 98. On 2 Dec 98, after consulting with counsel, the
applicant waived her right to a trial by court-martial, requested a
personal appearance and submitted a written presentation. Her area
defense counsel (ADC) also provided a statement, arguing the applicant
was an excellent member, was remorseful of her misconduct, and that an
LOR would be more appropriate in this case. On 2 Dec 98, she was
found guilty by her commander who imposed punishment in the form of
forfeiture of $100 pay per month for two months and reduction from the
grade of airman first class (A1C) to airman, suspended until 1 Jun 99.
The applicant did not appeal the punishment. The Article 15 was
filed in her Unfavorable Information File (UIF) on 4 Dec 98.
On 28 Apr 99, the applicant’s suspended reduction was remitted.
On 4 Aug 99, the applicant received an LOR. On 24 Jul 99, she had
been posted as the entry controller and was the ranking security
forces person on site. During her eight-hour shift, the Security
Response Team spent the entire shift at her post despite specific
guidance in their Special Security Instructions that they were
required to conduct building checks on priority resources located at
the top of the site and perform random patrolling. These
checks/patrols were never conducted and the applicant did nothing to
correct this or bring it to the attention of her superiors.
On 4 Aug 99, she presented at the Hickam AFB, HI, Mental Health Clinic
(MHC) on a “walk-in” basis after being referred by a chaplain. Her
major stressors included two recent miscarriages (the last one being
early Jul 99); reported provocations by two noncommissioned officers
(NCOs) the few days before and the day she came over; and feeling as
though she could not arm-up/carry weapons because of these things.
Apparently the provocations from the NCOs over the previous three days
(insulting her regarding her emotional reaction to the recent
miscarriage and an alleged threat to draw a weapon on her on 4 Aug 99)
resulted in her feeling emotionally overwhelmed and angry. She had
fantasies of using her own weapon on these NCOs and reported she was
concerned she might hurt someone. She reported nightmares, loss of
interest and energy, guilt, trouble with concentration, anxious
feelings, crying spells and moodiness. She denied suicidal
thoughts/plans. She was restricted from weapons by her unit at the
MHC’s recommendation and placed on a medical profile restricting her
from arming with weapons and preventing her from being world-wide
qualified.
The applicant was seen regularly in the MHC for individual and women’s
group therapy sessions.
An 8 Dec 99 mental health entry reported that the applicant had made
superficial cuts on her arm the month before, that she and her husband
were interacting better, she was going to the gym regularly, and she
realized there were healthier ways to express her feelings and
frustrations. Her ability to handle weapons was discussed. Diagnosis
was Adjustment Disorder with grief, depression, and work inhibition,
resolving. In a mental health entry, dated 9 Dec 99, she reported
feeling comfortable arming and that she would be dependable if she
were deployed; whereas in Aug 99 she did not feel confident with her
weapon because of her grief over her miscarriage. She now felt her
concentration and mental stability were intact, and the only way she
would pull her weapon would be out of fear not anger. She still
desired to cross-train. She was judged to be mentally stable, able to
carry a weapon, and responsible. The Mental Health Services Flight
(MHSF) commander recommended lifting her restriction from carrying
weapons and changing her profile.
The applicant continued participating in individual and group therapy
sessions.
However, on 5 Jan 00, she came to the clinic as a “walk-in,” tearfully
explaining she was too scared/anxious to return to carrying a weapon.
She was having nightmares, anxiety, and did not feel she would be safe
with a weapon. She felt very pessimistic she could ever return to
full duty status. The MHSF commander agreed to ask the First
Sergeant to give the applicant more time to “ease” into arming-up.
On 11 Jan 00, the applicant reiterated that she still felt significant
fear and anxiety associated with arming up. The MHSF commander
discussed that the applicant might have developed a phobia due to the
night she was, reportedly, threatened by the NCO, and also due to her
miscarriage. The applicant felt sure that the chances of her being
able to arm-up again were very low. The MHSF commander contacted the
applicant’s commander to recommend administrative separation and
changed her profile so that she was restricted from weapons and not
world-wide qualified.
In a 7 Feb 00 Mental Health Evaluation to the 15 SFS commander, the
MHSF commander diagnosed the applicant with Adjustment Disorder,
unspecified, with grief, depression, anxiety and work inhibition, and
possible specific phobia (weapons). The MHSF commander opined the
applicant’s Adjustment Disorder was severe enough that her ability to
function effectively in the military environment was significantly
impaired. Even if the applicant wanted to cross-train at this point,
she would not be eligible because she had not been able to become
fully qualified again in her current career field.
A 24 Feb 00 medical entry reported the applicant was seven weeks
pregnant and she indicated her health was good, she was ready for the
child, and her mental health was stable.
On 24 Feb 00, the applicant was notified of her commander’s intent to
recommend an honorable discharge for conditions that interfere with
military service, specifically mental disorders. The commander cited
the 7 Feb 00 Mental Health Evaluation and diagnosis. The applicant
consulted counsel and did not submit matters for consideration. The
15 SFS commander recommended the applicant’s honorable discharge for
the reasons indicated in the Notification Letter. Probation and
rehabilitation (P&R) were not recommended as the commander felt it was
in the best interests of the Air Force and the applicant that she be
administratively separated.
Legal review on 2 Mar 00 found the case legally sufficient and
recommended honorable discharge without P&R. The discharge authority
approved the applicant’s honorable discharge without P&R.
The applicant was honorably discharged on 14 Mar 00, in the grade of
A1C, after 2 years, 10 months, and 1 day of active service. She was
issued an RE code of 2C (Involuntarily separated with an honorable
discharge), a separation program designator (SPD) code of JFX, and a
narrative reason of “Personality Disorder.”
On 27 Dec 05, HQ AFPC/DPPRSP informed the applicant that her DD Form
214 had been reaccomplished to reflect an SPD code/narrative reason of
“JFF/Secretarial Authority,” rather than “JFX/Personality Disorder,”
because she had not been diagnosed with a Personality Disorder.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAE finds no evidence of injustice or error. The
applicant’s commander provided numerous opportunities for her to come
to terms and deal with her situation/condition. However, after eight
months and upon recommendation from military medical authorities, the
commander formally recommended the applicant’s administrative
separation due to her inability to function effectively in the
military environment. If the applicant is allowed to change her RE
code and enter the USAFR as a nurse, the service may not be fully
aware of the conditions (past fear to arm up) that contributed to and
resulted in the applicant’s previous discharge. Therefore, denial is
recommended.
A complete copy of the evaluation, with attachments, is at Exhibit C.
HQ AFPC/DPPRS recommends denial, contending the applicant’s discharge
was consistent with the procedural and substantive requirements of the
discharge regulation and within the discharge authority’s discretion.
The applicant submitted no evidence or
identified any errors or injustices that occurred in the discharge
processing. She provided no facts warranting a change to her
reenlistment code.
A complete copy of the evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 30 Dec 05 for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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 error or injustice. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded her RE code should be changed to allow enlistment in the
USAFR. The applicant’s contentions were considered; however, we do
not find these uncorroborated assertions, in and by themselves,
sufficiently persuasive to override the available military records and
the rationale provided by the Air Force. The applicant’s claim that a
“chemical imbalance” caused by her miscarriages provoked her problems
is duly noted. However, while the record is clear that she had two
miscarriages, the available medical documentation also indicates that,
despite treatment and counseling, she had an Adjustment Disorder
severe enough to significantly impair her ability to function
effectively in the military environment. Her apparent fear of arming
up and tendency to inflict superficial cuts on herself when stressed
or frustrated while in the service concerns us that her symptoms might
return if she was again exposed to the rigors of military life. This
is an unacceptable risk to both the applicant and the Air Force. We
congratulate her on earning her diploma in vocational nursing and
encourage her in her civilian endeavors. Nevertheless, she has not
shown that her discharge, which drove her RE code, was erroneous or
unwarranted. We therefore agree with the recommendations of the Air
Force and adopt the rationale expressed as the basis for our decision
that the applicant has not sustained her burden of having suffered
either an error or an injustice. In view of the
above and absent persuasive evidence to the contrary, we find no
compelling basis to recommend changing the applicant’s records beyond
that already administratively accomplished.
_________________________________________________________________
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 this application in
Executive Session on 15 February 2006 under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2005-02262 was considered:
Exhibit A. DD Form 149, dated 13 Jul 05, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 13 Dec 05, w/atchs.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 21 Dec 05.
Exhibit E. Letter, SAF/MRBR, dated 30 Dec 05.
KATHLEEN F. GRAHAM
Panel Chair
AF | BCMR | CY2006 | BC-2005-00877
The unfavorable personnel action (reassigning her to Bolling AFB for mental fitness, indefinite suspension of her security clearance, and removal from her Department of Defense (DOD) position) taken by the military used mental health evaluations after she made a protected disclosure. DTIC so advised the applicant on 4 Jan 01, and proposed to suspend her indefinitely from active duty and pay status from her position as a GS-12 Technical Information Specialist, pending the final disposition...
AF | DRB | CY2001 | FD01-00071
Nonetheless, in view of the relatively minor nature of the applicant’s misconduct when juxtaposed with his previous excellent duty performance, the Board concluded that the applicant’s then existing and continued mental health issues provided sufficient mitigation to warrant the upgrade of the applicant’s discharge characterization and reason. In this case, misconduct is the primary basis for the recommended discharge. [am recommending your discharge from the United States Air Force for...
AF | BCMR | CY2007 | BC-2005-03705
The applicant submitted a similar application to the Air Force Discharge Review Board (AFRDB) requesting her discharge be upgraded to honorable. DPPRS states based on the documentation on file in the master personnel records the discharge was consistent with procedural and substantive requirements of the discharge regulation and within the discretion of the discharge authority. The complete BCMR Medical Consultant’s evaluation is at Exhibit...
AF | BCMR | CY2005 | BC-2004-03214
On 16 October 2002, the applicant received a Letter of Counseling for being late for duty. _________________________________________________________________ AIR FORCE EVALUATION: The Medical Consultant, AFBCMR, states the applicant’s medical records reflect he received medical intervention for alcohol abuse, adjustment disorder, depression, family maltreatment and personality disorder over a period of more than four years. The applicant’s records do not support a medical discharge for a...
AF | BCMR | CY2005 | BC-2004-03633
He loved military life but was discharged for Personality Disorder due to his method of relieving stress [self-mutilation]. The applicant continued counseling at the Kadena MHC. At the time members are separated from the Air Force, they are furnished an RE code predicated on the circumstances of their separation.
AF | DRB | CY2005 | FD2005-00078
NAME O F SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI,) GRADE AFSNISSAN AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD I I MEMBER SITTING HON I GEN UOTHC I OTHER I DENY VOTE OF THE BOARD ISSUES A94.06 A93.02 INDEX NUMBER A67.70 1 HEARING DATE / CASENUMBER I I I EXHIBITS SUBMITTED TO TRE BmRD I 1 2 3 4 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTlFlCATlON BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL...
AF | BCMR | CY2005 | BC-2004-02235
The ADC advised that the applicant had an addiction to pornography, similar to an addiction to alcohol. The ADB recommended he be separated with a general discharge without P&R. Counsel appears to contend, in part, that his client essentially could not stop himself from accessing porn sites on his government computer because of his addictive sexual disorder, and that somehow the Air Force facilitated his misconduct by requiring him to work with government computers.
On 19 May 97, an MEB found the applicant not world-wide qualified and recommended she be referred to an Informal Physical Evaluation Board (IPEB). He diagnosed her as having a personality disorder, not otherwise specified, and recommended administrative separation. On 9 Nov 98, the IPEB found her fit with an adjustment disorder which existed prior to service (EPTS) at the USAFA and recommended she be returned to duty.
AF | BCMR | CY2003 | BC-2002-03481
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03481 INDEX CODE: 110.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: The Narrative Reason for Separation be changed from Mental Disorder to Medical. The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects Mental Disorder as the narrative reason for separation. ...
A copy of the Air Force evaluation is attached at Exhibit C. The Military Personnel Management Specialist, Separations Branch, HQ AFPC/DPPRS, states that the case has been reviewed for separation processing and there are no errors or irregularities causing an injustice to the applicant. We note that prior to the applicant’s separation from the Air Force, she received a commander-directed mental health evaluation and was diagnosed with an adjustment disorder with mixed anxiety and depressed...