RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02322
INDEX CODE: 110.00, 128.14
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 JANUARY 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
1. The reason for separation on her DD Form 214, Certificate of Release or
Discharge from Active Duty be changed to reflect her actual diagnosis
verses a personality disorder.
2. She be entitled to receive Montgomery GI Bill (MGIB) educational
benefits.
3. Her DD Form 214 be corrected in section 15A to reflect she contributed
to the Education Assistance Program.
________________________________________________________________
APPLICANT CONTENDS THAT:
The reason for separation recorded on her DD Form 214, was for an un-
diagnosed condition. She states Conditions that Interfere with Military
Service was not documented on her DD Form 214 which conflicts with the
discharge notification memorandum she received from her commander. In
addition, she states she completed the required 12 months for entitlements
to the educational assistance program.
The complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 9 Mar 04. On 3 May 05, she
was notified by her commander that he was recommending she be discharged
from the Air Force under the provisions of AFI 36-3208, Administrative
Separation of Airmen, paragraph 5.11.9, for Involuntary Convenience of the
Government – Conditions That Interfere with Military Service (Mental
Disorders). The specific reasons for this action were between 14 Oct 04
and 22 Mar 05, she was seen at the Life Skills Support Center for
increasing symptoms of depression, low motivation, hypersomnia, fatigue,
impaired concentration, reduced appetite and infrequent, passive suicidal
ideation. She was diagnosed with Adjustment Disorder with Depressed Mood.
The doctor recommended she be administratively separated from the Air
Force. The doctor also determined she was unsuitable for continued
military service and that her disorders were so severe it significantly
impaired her ability to function in a military environment. On 3 May 05,
she acknowledged receipt of the notification, consulted counsel, and
elected not to submit statements on her own behalf. In a legal review of
her case the base legal office found it legally sufficient and recommended
a general discharge. On 15 Jun 05, she was honorably discharged from the
Air Force. She served 1 year, 3 months and 7 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the narrative reason for discharge
be changed to Secretarial Authority but indicates a change in the
reenlistment code is not warranted. The Medical Consultant indicates the
narrative reason for the discharge on the applicants DD Form 214 is listed
as a personality disorder even though the applicant was not diagnosed with
a personality disorder. The DOD uses the term “personality disorder”
administratively on the DD Form 214 to include all unseating character and
behavior disorders including Adjustment Disorder, Personality Disorders,
and Impulse Control Disorders. This term may be confusing because the
Diagnostic and Statistical Manual of Mental Disorders uses the term
“personality disorder” in a specific, defined manner to classify specific
disorders of personality that do not include Adjustment Disorder or Impulse
Control Disorder. Since the applicant was not diagnosed with a personality
disorder, it is inaccurate to list the narrative reason as a personality
disorder, even though administratively it is correct. Although action and
disposition in this case are proper and equitable reflecting compliance
with Air Force directives that implement the law, change of the narrative
reason for discharge to Secretarial Authority may be considered; however,
the reenlistment code should not be changed.
In order to qualify for MGIB benefits, the applicant was required to
complete 36 months of active duty (or 24 months of active duty followed by
48 months of reserve duty). However, members separated early for the
following reasons may be eligible for MGIB benefits: Convenience of the
Government (must have served at least 30 months), disability, hardship, a
medical condition that existed prior to service, a condition that
interfered with performance of duty, or a reduction in force (RIF).
Discharge for condition that interferes with military service (i.e.
Adjustment Disorder, Personality Disorder, learning disorder etc) falls
under the category of Convenience of the Government and therefore would
require 30 months of service for eligibility for MGIB benefits. A narrative
reason of “Secretarial Authority” is treated as equivalent to “Convenience
of the Government” and requires a minimum of 30 months service and thus
would not help the applicant who had 15 months of service.
A complete copy of the Medical Consultant evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant agrees with the Medical Consultant on replacing “Personality
Disorder” with “Secretarial Authority.” Applicant disagrees with the
Medical Consultant’s evaluation regarding the MGIB eligibility. Applicant
references Title 38; chapter 30; Section 3011 and believes she is eligible
because she was discharged for a mental condition that was not
characterized as a disability. Furthermore it did not result from her own
willful misconduct but did interfere with the performance of her duties.
She states the Department of Veteran Affairs publication number 22-90-2,
titled The MGIB – Active Duty – Educational Assistance Program indicates
personnel separating for mental condition are eligible for benefits equal
to the months served. She understands she is not eligible for 36 months of
MGIB benefits but believes she is eligible for the 15 months of active duty
she served. In addition, she paid $100.00 a month towards the MGIB for 12
months and believes she met the requirement for her contributions. She
respectfully requests the board make the correction to her DD Form 214 to
show she is eligible for the MGIB benefits.
Her complete response is at Exhibit E.
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
In an additional evaluation, the Medical Consultant states in order to
qualify for MGIB benefits, the applicant was required to participate in the
program as evidenced by a signed DD Form 2366, Montgomery GI Bill (MGIB)
Act of 1984, and complete 36 months of active duty (or 24 months of active
duty followed by 48 months of reserve duty). However, members separated
early for the following reasons may be eligible for MGIB benefits:
Convenience of the Government (must have served at least 30 months),
disability, hardship, a medical condition that existed prior to service, a
condition that interfered with performance of duty, or a reduction in force
(RIF). According to VA Pamphlet 22-90-2 (October 2004), The Montgomery GI
Bill - Active Duty (Summary of Educational Benefits Under the Montgomery GI
Bill - Active Duty Educational Assistance Program, Chapter 30 of Title 38
U.S. Code) the applicant should be eligible for MGIB educational benefits
with her current separation under the provisions for unsuitability (listed
as personality disorder), “a physical or mental condition that interfered
with the performance of duty and did not result from misconduct” on a month
per month benefit (i.e. 15 months of benefits since she served 15 months).
Furthermore, a narrative reason of “Secretarial Authority” is treated as
equivalent to “Convenience of the Government” and requires a minimum of 30
months service and thus would not help the applicant with MGIB considering
she only had 15 months of service. The applicant should verify the status
of her MGIB eligibility with the Department of Veterans Affairs and not the
AFBCMR. Although action and disposition in this case are proper and
equitable reflecting compliance with Air Force directives that implement
the law, change of the narrative reason for discharge to Secretarial
Authority may be considered if she does not want to have her DD Form 214
list the reason as personality disorder but at the cost of losing
eligibility for MGIB benefits. The reenlistment code should not be changed.
A complete copy of the Medical Consultant evaluation is at Exhibit F.
________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Applicant states section 28 of her DD Form 214 contains the phrase
Personality Disorder. She was discharged after being diagnosed with an
adjustment disorder and believes her mental state at the time preventing
her from effectively performing her duties. She agrees with the Medical
Consultant on his 22 August 2006 advisory to replace “Personality Disorder”
with “Secretarial Authority.” However, she believes the 14 September 2006
advisory seems to recommend no change is warranted but the paragraph
immediately preceding the recommendation states the change may be
considered. Applicant realizes the change may impact her MGIB benefits;
however, her primary concern is the term Personality Disorder carries a
negative connotation in the civilian world impacting her for the rest of
her life.
Section 15A of her DD Form 214 indicates she did not contribute to this
program. However, her records indicate she opted to participate in the
MGIB and paid $100 a month for twelve months while on active duty and she
believes she has met the requirement for the MGIB benefits. In addition,
she provided copies of her leave and earning statements documenting her
contributions.
Her complete response is at Exhibit H.
________________________________________________________________
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 an error or an injustice warranting corrective action. The
BCMR Medical Consultant has opined that while the applicant's current
narrative reason for separation "Personality Disorder" may be
administratively correct, she was diagnosed with an adjustment disorder.
The term personality disorder may be confusing because the Diagnostic and
Statistical Manual of Mental Disorders uses the term personality disorder
to classify specific orders of personality that does not include adjustment
disorders. The Medical Consultant believes it is inaccurate to list the
narrative reason for her separation as personality disorder even though it
is administratively correct. We agree with the Medical Consultant's
assessment and recommendation and believe it would be an injustice for the
applicant to continue to suffer the adverse effects of her narrative reason
for separation. Therefore, we recommend her record be corrected to show
her narrative reason for separation as "Secretarial Authority." In
addition, the applicant requests her DD Form 214, item 15a, be corrected to
show that she contributed to the Veterans' Educational Assistance Program
(VEAP). Documentation in her records reflect that she elected to
participate in the VEAP program and Leave and Earning Statements provided
by the applicant clearly indicate that the monthly contributions were
deducted from her pay. Therefore, it appears that her DD Form 214
erroneously indicates that she did not contribute to the VEAP program and
we believe corrective action should be taken to show that she did in fact
contribute. In view of the above, we recommend her records be corrected to
the extent indicated below.
4. With respect to her applicant's contentions regarding MGIB benefits,
since a determination regarding her eligibility is not within the purview
of this Board, we recommend the applicant verify her eligibility with the
Department of Veterans' Affairs.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that:
a. On 15 June 2005, she was discharged under the provisions of AFI 36-
3208, paragraph 1-2, (Secretarial Authority) with Separation Program
Designator (SPD) Code of JFF.
b. Her DD Form 214, Certificate of Release or Discharge from Active Duty,
Item 15a, Member Contributed to Post-Vietnam Era Veterans' Educational
Assistance Program, be changed to reflect "Yes".
________________________________________________________________
The following members of the Board considered BC-2006-01163 in Executive
Session on 28 November 2006, under the provisions of AFI 36-2603:
Ms. Cathlynn B. Novel, Panel Chair
Ms. Judith B. Oliva, Member
Mr. Don H. Kendrick, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jul 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 22 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 06.
Exhibit E. Letter, Applicant, dated 31 Aug 06 w/atchs.
Exhibit F. Letter, BCMR Medical Consultant, dated 14 Sep 06.
Exhibit G. Letter, SAF/BCMR, dated 22 Sep 06.
Exhibit H. Letter, Applicant, dated 4 Oct 06 w/atchs.
CATHLYNN B. NOVEL
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office of the Assistant Secretary
AFBCMR BC-2006-02322
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:
a. On 15 June 2005, she was discharged under the provisions of AFI
36-3208, paragraph 1-2, (Secretarial Authority) with Separation Program
Designator (SPD) Code of JFF.
b. Her DD Form 214, Certificate of Release or Discharge from Active
Duty, Item 15a, Member Contributed to Post-Vietnam Era Veterans'
Educational Assistance Program, be changed to reflect "Yes".
JOE G.
LINEBERGER
Director
Air Force
Review Board Agency
[pic]
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002
XXXXXXX
XXXXXXX
XXXXXXX
Dear XXXXXXX
Reference your application, submitted under the provisions of
AFI 36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2006-
02322.
The Board determined that the military records should be
corrected as set forth in the attached copy of a Memorandum for the
Chief of Staff United States Air Force. The office responsible for
making the correction will inform you when your records have been
changed.
After correction, the records will be reviewed to determine if
you are entitled to any monetary benefits as a result of the
correction of records. This determination is made by the Defense
Finance and Accounting Service (DFAS-DE), Denver, Colorado, and
involves the assembly and careful checking of finance records. It
may also be necessary for the DFAS-DE to communicate directly with
you to obtain additional information to ensure the proper settlement
of your claim. Because of the number and complexity of claims
workload, you should expect some delay. We assure you, however, that
every effort will be made to conclude this matter at the earliest
practical date.
GREGORY E. JOHNSON
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
1. Record of Proceedings
2. Copy of Directive
3. Customer Survey
cc:
DFAS-DE
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