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AF | BCMR | CY2006 | BC-2006-00611
Original file (BC-2006-00611.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00611
            INDEX CODE:  100.00, 110.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  1 SEP 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

Her separation code of “JFV” (condition not a disability)  and  her
reenlistment eligibility (RE) code of 2C  (involuntarily  separated
with an honorable discharge;  or  entry  level  separation  without
characterization  of  service)  be  upgraded  to  reflect   current
eligibility to serve in the armed forces.

___________________________________________________________________

APPLICANT CONTENDS THAT:

She believes the conditions leading  to  her  separation  were,  in
fact, a disability, and up until the onset of these conditions, she
met  the  performance  standards  required  of  all  airmen.    Her
separation was not involuntary, she was allowed to  leave,  unaware
of her disease or treatment options.

Over the past six years,  she  has  been  treated  for  a  service-
connected disability that was not documented in her  DD  Form  214.
At the time of her separation, she volunteered to leave her  active
duty assignment to avoid scrutiny, etc., from peers due  to  events
associated with her  mood  disorder.   Her  service  record  should
reflect that, (1) she was  very  capable  of  fulfilling  her  duty
requirements; (2) at the time, the mood  disorder  was  unknowingly
treatable; (3) her former unit was aware of her  voluntary  request
to be excused from duty.

In support of  her  appeal,  applicant  submitted  a  copy  of  her
DD Form 214, Certificate of Release or Discharge from Active  Duty,
dated 1 Jul 99.

Applicant’s complete submission, with attachment, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 18 Jun 97, applicant enlisted in the Regular Air  Force  in  the
grade of airman basic.  She was progressively promoted to the grade
of airman first class with a date of rank of 18 Oct 98.

On 18 May  99,  the  squadron  commander  initiated  administrative
discharge against the applicant for mental health  and  misconduct;
specifically, minor disciplinary infractions.  The specific reasons
for the proposed action were:

      Between on or about (o/a) 11 Aug and  25  Sep  97,  applicant
received  an  AETC  Form  156,  Student  Training   Report   noting
deficiencies in attitude and other areas.

      O/a 5 Mar  98,  she  received  an  AF  Form  174,  Record  of
Counseling, on military structure, tardiness and use of  the  chain
of command.

      O/a 29 Jul 98, applicant received an AF Form  174  for  being
insubordinate.

      Between o/a 7 Jan and 31 Jan 99, applicant violated a  lawful
general regulation (wrongfully using a government  authorized  Visa
card in  the  amount  of  approximately  $2553.33  for  other  than
official  travel.   For  this  offense,  she  received  Article  15
punishment.  Her punishment consisted of forfeiture of $558 pay per
month for two months, suspended until 3 Sep 99,  a  reprimand,  and
15 days of extra duty.

      Applicant was seen by  the  Behavioral  Science  Clinic  five
times for help in coping with a relationship break-up, work-related
stress and depression.  She was diagnosed  with  a  Diagnostic  and
Statistical Manual of Medical Disorder IV, Adjustment Disorder with
Depressed Mood and Borderline Personality Traits, R/O Disorder.

On 19 May 99, after consulting with counsel and having been advised
of her rights, applicant waived her right to submit  statements  in
her own behalf.  On 2 Jun 99, the Wing Staff Judge  Advocate  found
subject to a medical  examination,  that  a  sufficient  amount  of
evidence exists to support discharge.  He recommended an  honorable
discharge,  without  probation  and   rehabilitation   (P&R).    On
6 Jun 99, the discharge authority approved an honorable  discharge,
without P&R.

On  1  Jul  99,  applicant  was  honorably  discharged  under   the
provisions  of  AFI  36-3208,  by  reason  of  conditions   not   a
disability, with a separation code of JFV and was issued an RE code
of 2C.  She was credited with 2 years and 11 days  of  active  duty
service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended denial.  Based on  documentation  in  the
file, they found the discharge consistent with the  procedural  and
substantive   requirements    of    the    discharge    regulation.
Additionally, the discharge was within the sound discretion of  the
discharge authority.  They also noted applicant did not submit  any
evidence or identify any errors or injustices that occurred in  the
discharge processing and  provided  no  other  facts  warranting  a
change to her separation code or reenlistment eligibility code.

The HQ AFPC/DPPRS 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 23 Jun 06 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 an error or injustice.  We took notice
of the applicant's complete submission in judging the merits of the
case.   The  applicant  requests  her  reason  for  separation   of
“condition not a disability” be  changed.   However,  we  found  no
evidence which would  lead  us  to  believe  that  the  applicant's
separation or reason for separation were in error  or  contrary  to
the governing Air Force instructions.  Additionally,  at  the  time
members are separated from the Air Force, they are furnished an  RE
code predicated upon the quality of their service and circumstances
of their separation.  Applicant’s RE code of 2C accurately reflects
that  she   was   involuntarily   separated   with   an   honorable
characterization of service and given the circumstances surrounding
her separation, we believe the RE code  issued  was  in  accordance
with the  governing  directives.   Therefore,  in  the  absence  of
persuasive 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-2006-00611 in Executive Session on  1  August  2006,  under  the
provisions of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Mr. Elwood C. Lewis III, Member
      Ms. Donna D. Jonkoff, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Feb 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 15 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jun 06.




                                   JOHN B. HENNESSEY
                                   Panel Chair

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