RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03730
            INDEX CODE:  100.00
            COUNSEL:  None

            HEARING DESIRED: No

MANDATORY CASE COMPLETION DATE:  9 MAY 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to allow her active duty wages to be used for
unemployment compensation.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was honorably discharged and never had any faults and although her
time on active duty was short, she served it with honor.

Applicant's complete submission, with an attachment,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force (RegAF) on 1 June 2004 for
a period of four years as an airman basic (AB).

On 25 February 2005, the applicant reported to the Life Skills Support
Center (LSSC) in crisis for assistance with  anxiety  and  depression.
She received psychotherapy and pharmacotherapy for her symptoms.   The
applicant’s condition deteriorated during the next  three  months  and
despite ongoing  treatment  she  reported  a  variety  of  unexplained
physical symptoms, as well as, continued anxiety and depression.

The applicant underwent voluntary psychological testing  and  she  was
diagnosed with a Personality Disorder, Not Otherwise  Specified,  with
Passive Aggressive Traits and the applicant also met the criteria  for
Major  Depressive  Disorder,  Recurrent,  Moderate,  and  Somatization
Disorder.

On 17 May 2005, the applicant was notified of her  commander's  intent
to recommend her for discharge for a condition  that  interfered  with
military service,  specifically,  a  mental  disorder.   The  specific
reason for the discharge action was:

On 13 May  2005,  the  applicant  was  diagnosed  with  a  personality
disorder that rendered her unfit for duty.

The commander advised the applicant of her  right  to  consult  legal
counsel and that military legal counsel had been  obtained  for  her;
submit statements in her own behalf;  and  that  failure  to  consult
counsel or to submit statements would  constitute  a  waiver  of  her
right to do so.

The applicant after consulting with counsel waived her right to submit
statements in her behalf.

On 18 May 2005, a legal review was conducted in which the staff  judge
advocate recommended the applicant be  discharged  with  an  honorable
discharge.

On 22 May 2005, the Discharge Authority  directed  that  applicant  be
discharged  with  an  honorable  discharge   without   probation   and
rehabilitation.

The applicant was discharged on 25 May 2005, under the  provisions  of
AFR 36-3208, Section B, paragraph 5.11.9,  Conditions  That  Interfere
with Military Services, in the  grade  of  airman  with  an  honorable
discharge.  She served 11 months and 25 days of active duty service.

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AIR FORCE EVALUATION:

HQ USAF/A1DP recommends the requested relief be denied.   A1DP  states
in accordance with Public Law (PL)  97-362  “A  member  must  complete
first full term of service and receive and under honorable  conditions
discharge” to be  entitled  to  unemployment  compensation  under  the
Unemployment  Compensation  for  Ex-service  members.    One  of   the
exceptions to the law is an  individual  who  is  separated  with  the
narrative reason  for  separation  being  “Personality  Disorder.”   A
member with that narrative reason for separation must  have  completed
365 days of continuous active duty and  received  an  under  honorable
service discharge.  They further state a  review  of  the  applicant’s
records reflect she served 359 days of active service  and  since  she
did not complete 365 days of continuous service, her  military  income
cannot be used for unemployment compensation.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
17 February 2006, for review  and  response.   As  of  this  date,  no
response has been received by this office.

The applicant provided a copy of her medical records in support of her
application (Exhibit E).

_________________________________________________________________

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 an error or an  injustice.   Applicant’s
contentions are duly noted; however, we agree with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and
adopt its  rationale  as  the  basis  for  our  conclusion  that  the
applicant has not been the victim of an error or an injustice.  While
the applicant  was  honorably  discharged  from  active  duty  for  a
condition  that  interfered  with   military   service   (Personality
Disorder), she did not complete the required 365 days  of  continuous
active duty to be entitled to  unemployment  compensation  under  the
Unemployment Compensation for Ex-service members. 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 AFBCMR Docket Number BC-
2005-03730 in Executive Session on 6 April 2006, under the  provisions
of AFI 36-2603:

                       Mr. James W. Russell III, Panel Chair
                       Mr. James L. Sommer, Member
                       Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 29 Nov 05, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ USAF/A1DF, dated 6 Feb 06.
      Exhibit D. Letter, SAF/MRBR, dated 17 Feb 06.
      Exhibit E. Applicant’s Response, Copy of Medical Records.




                       JAMES W. RUSSELL III
                       Panel Chair