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AF | BCMR | CY2006 | BC-2005-02322
Original file (BC-2005-02322.doc) Auto-classification: Approved

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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