RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02311
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETE DATE: 5 FEBRUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her narrative reason for separation be changed and  generalized  to  medical
reasons or something  similar.  She  does  not  want  her  personal  medical
information divulged.

_________________________________________________________________

APPLICANT CONTENDS THAT:

This information is now protected under Health Information  Portability  and
Accountability Act (HIPPA) laws. This is a public  form  and  one  that  she
will have to provide to future employers and she does not wish her  personal
medical information to be divulged.

In support of her application, applicant provided a copy  of  DD  Form  214,
Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned through a four-year ROTC program  on  15  May
1998 and entered active duty on 13 July 1998 as a second lieutenant.

On 10 April 2001, the applicant's commander notified her  he  was  referring
her  to  Mental  Health  for  an  evaluation  because  she  had  experienced
increased  anxiety,  overwhelming  feelings  of  persecution,  inability  to
complete assigned tasks, inability to handle stress, complaints of  frequent
headaches and forgetfulness.


On 4 May 2001, a Mental Health Evaluation was completed with  the  following
diagnosis:

     a. Axis I:  Occupational  problem,  frequent  unexcused  absences  from
work, substandard work performance and manipulative behavior.

     b. Axis II: Personality disorder  not  otherwise  specific,  antisocial
and histrionic features.

     c. Axis III: Frequent complaints of physical pain and much  time  spent
seeking prescriptions of narcotic medications.

On 1 October 2001, the base legal office reviewed  the  case  and  found  it
legally sufficient and recommended separation action be initiated under  the
provisions  of  AFI  36-3206,  Administrative   Discharge   Procedures   for
Commissioned Officer for mental disorder that  interferes  with  applicant's
performance of duty and she receive a general (under  honorable  conditions)
discharge.

On 3 October 2001, the applicant was notified of  Show  Cause  Action  being
initiated under the provisions of AFI 36-3206 based  on  the  fact  she  was
diagnosed with a mental disorder that interfered  with  her  performance  of
duty and did not fall within the purview of the medical disability process.

On 9 October 2001, the applicant acknowledged receipt  of  the  Notification
of Show Cause proceedings and was provided with the right to legal counsel.

On 28 January 2002, the Secretary of the Air Force  directed  the  applicant
be discharged from the United States Air Force pursuit to AFI  36-3207  with
an honorable discharge.

On 14 February 2002, the applicant was separated from the Air Force with  an
honorable discharge with a narrative reason of personality  disorder  and  a
reentry code of “2C”. She served four years and two months of  total  active
military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated that based on the documentation on
file in the master personnel records, the discharge was consistent with the
procedural and substantive requirements of the discharge  regulation.   The
discharge was within the discretion of the discharge authority.   Applicant
did not submit any evidence or  identify  any  errors  or  injustices  that
occurred in the discharge processing.  The narrative reason for  separation
is correct and no corrective action is required.

AFPC/DPPPRS’s complete evaluation is at Exhibit C.
AFPC/JA recommended denial and stated the applicant's complaint alleged  the
Air Force violated the HIPAA by listing a  diagnosed  medical  condition  on
her DD  Form  214.  She  cited  no  specific  provision  of  HIPAA,  or  the
regulations it spawned, that were  violated.  She  only  made  the  specious
contention that because her DD Form 214 was  "public"  and  the  personality
disorder listed as the  narrative  reason  for  her  discharge  is  personal
medical information, the Air Force violated these medical privacy laws.

AFPC/JA’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  8
September 2005, for review and response within 30 days.  As  of  this  date,
no response has been received by this office.

_________________________________________________________________

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 injustice warranting  a  change  to  her  narrative
reason for separation.  After a thorough review of the  evidence  of  record
and  the  applicant’s  submission,  it  is  our  opinion  that   given   the
circumstances surrounding her separation from the Air Force,  the  narrative
reason for separation  assigned  was  proper  and  in  compliance  with  the
appropriate directives. Furthermore, the  applicant  has  not  provided  any
evidence which would lead us to believe there was a HIPPAA breach  when  the
applicant’s personality disorder was listed  as  the  narrative  reason  for
separation on her DD Form 214.  Therefore,  we  agree  with  the  Air  Force
offices of primary responsibility and adopt their rational as the basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice. In the absence of persuasive evidence to the  contrary,  we  find
no compelling basis to recommend granting the relief sought.

_________________________________________________________________

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  Docket  Number  BC-2006-02311
in Executive Session on 15 November 2006, under the provisions  of  AFI  36-
2603:

      Ms. BJ White-Olson, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-02311.

   Exhibit A.  DD Form 149, dated 24 Jul 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 11 Aug 06.
   Exhibit D.  Letter, AFPC/JA, dated 30 Aug 06.
   Exhibit E.  Letter, SAF/MRBR, dated 8 Sep 06.




                                   BJ WHITE-OLSON
                                   Panel Chair