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AF | BCMR | CY2007 | BC-2005-03049
Original file (BC-2005-03049.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
03049
                                             INDEX CODE:  110.02

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE: 08 APRIL 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

Her separation code be changed to reflect she  was  discharged  for
medical disability.

___________________________________________________________________

APPLICANT CONTENDS THAT:

She  was  discharged  for  medical  disability  as  stated  in  the
narrative reason for separation on her DD Form 214, Certificate  of
Release or Discharge from Active Duty.   Her  separation  code  has
created a large complication in her receiving any entitlements.

In support of her request, applicant provided copies of her DD Form
214 and AF Form 100, Request and Authorization for Separation.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 May 02, for  a
period of six years in the grade of airman basic.

During 2004, the applicant developed symptoms of and was  diagnosed
with mild asthma leading to  initiation  of  a  Medical  Evaluation
Board in the spring of 2005.  In January 2005, applicant  presented
to the Life Skills Support Center with depressed  mood  leading  to
diagnosis  of  Major  Depressive  Disorder,  single  episode   with
associated  Personality  Disorder  Not  Otherwise  Specified   with
Cluster B traits.  Following a period of treatment and observation,
mental health evaluators concluded  that  her  persisting  symptoms
interfering with  military  duties  were  due  to  her  Personality
Disorder and recommended administrative discharge.  A mental health
memorandum dated 15 Mar 05, recommending administrative  separation
concluded that applicant did  not  have  a  mental  condition  that
warranted disposition through  the  disability  evaluation  system.
The processing of the  Medical  Evaluation  Board  for  asthma  was
stopped at the military  treatment  facility  level  based  on  the
pending administrative discharge action.

On 8 Apr 05, applicant was notified by her squadron commander  that
he was recommending she be discharged from  the  Air  Force  for  a
mental  disorder,  specifically,  a   personality   disorder.    He
recommended an honorable  discharge  based  on  the  Mental  Health
Evaluation dated 15 Mar 05.  It was determined that her ability  to
function in a military environment was significantly  impaired  and
that she was unsuitable for continued military service.

On 11 Apr 05,  applicant  acknowledged  receipt  of  the  discharge
notification and waived her rights to consult  with  legal  counsel
and submit statements in her own behalf.

The  Wing  Staff  Judge  Advocate  found  the  case  file   legally
sufficient and recommended  the  applicant  be  separated  with  an
honorable  discharge  without  probation  and  rehabilitation.   On
21 Apr 05, the discharge authority approved the discharge.

On  26  Apr  05,  applicant  was  honorably  discharged  under  the
provisions  of  AFI  36-3208,  for  unsuitability,  by  reason   of
personality disorder.  She served on active duty for a period of  2
years, 11 months, and 18 days.

___________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPPRS recommends the application be denied and  states,  in
part, 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.
Additionally, the applicant did not submit any evidence or identify
any errors or injustices that occurred in the discharge  processing
and provided no facts warranting a change to her separation code.

A complete copy of AFPC/DPPRS evaluation is at Exhibit C.

The BCMR Medical Consultant is of the opinion that a change of  the
records  to  show  disability  discharge  with  severance  pay   is
supported by the evidence of the record.

Had the applicant been processed through the Disability  Evaluation
System, she would have been discharged with severance pay.  Because
of the prohibition in law against  receipt  of  both  DVA  and  DoD
disability pay, changing records to show disability discharge  with
severance  pay  will  not  result  in  any  additional   disability
compensation  for  the  applicant.   However,  it  is  noted   that
administrative  discharges  for  unsuitability   will   result   in
recoupment of the unearned portion of an enlistment bonus  while  a
disability discharge will not.

Based on evidence of the  record  including  results  of  pulmonary
function testing, it is likely that the applicant would  have  been
found unfit with a disability rating of 10 percent had the MEB been
conducted and the case referred to the Physical  Evaluation  Board.
Air Force mental health providers  considered  whether  her  mental
condition warranted  referral  for  evaluation  in  the  disability
evaluation system and concluded that it did not.  While a diagnosis
of Major Depressive Disorder may be a reason for Medical Evaluation
Board, Personality Disorder is  not,  and  warrants  administrative
separation for unsuitability.  Air Force  mental  health  providers
concluded it was the Personality Disorder that prevented  continued
military duty rather that the depressive disorder.

Had the  applicant’s  mental  conditions  been  considered  in  the
disability  evaluation  system,  the  predominant  contribution  of
Personality Disorder to her impairment would  have  resulted  in  a
rating for depression of no greater than 10 percent.  Based on  the
mental  health  providers’   original   conclusion   to   recommend
administrative discharge, it is possible  that  the  PEB  may  have
found her unfit only due to asthma.  It is also possible  that  the
PEB, noting the mild nature of the conditions would  have  returned
the  applicant  to  duty  and  the  administrative  discharge   for
unsuitability would have then proceeded.

The BCMR Medical Consultant’s evaluation is at Exhibit E.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 Nov 05, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
response has not been received.  (Exhibit D)

On 14 Dec 06, a copy of the BCMR  Medical  Consultant’s  evaluation
was forwarded to the applicant  for  review/comment.   To  date,  a
response has not been received.  (Exhibit F)

___________________________________________________________________

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 injustice.   The  evidence  of  record
reflects   the   applicant   was   involuntarily   discharged   for
unsuitability, by reason of personality  disorder.   The  applicant
contends that  she  should  have  been  discharged  for  a  medical
disability  and  that  the  code  she   was   given   has   created
complications in her receiving any entitlements.  After  thoroughly
reviewing the case, we agree with the opinion and recommendation of
the BCMR Medical Consultant,  who  indicates  that,  based  on  the
evidence of record including results of pulmonary function testing,
it is likely that the applicant would have been found unfit with  a
disability rating of 10 percent had the MEB been conducted and  the
case been referred to the Physical  Evaluation  Board.   Therefore,
based on the BCMR Medical Consultant’s evaluation, we recommend the
applicant’s records be corrected to the extent indicated below.

___________________________________________________________________

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 26 Apr 05, she was found unfit to perform the duties of
her office, rank, grade or rating by reason of physical  disability
incurred while entitled to receive basic pay; that the diagnosis in
her case was mild asthma, rated at 10 percent; that the  disability
was permanent; that the  disability  was  not  due  to  intentional
misconduct or willful neglect; that the disability was not incurred
during a period of unauthorized absence; and  that  the  disability
was not received in the line of duty as a direct  result  of  armed
conflict.

     b.  On 26 Apr 05, she was honorably discharged by reason of  a
physical disability with entitlement to disability  severance  pay,
rated at 10 percent, under  the  provisions  of  Title  10,  United
States Code, Section 1203 and AFI 36-3212.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-03049 in Executive Session on 18 January  2007,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Teri G. Spoutz, Member
      Ms. Mary C. Puckett, Member


All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:


     Exhibit A.  DD Form 149, dated 29 Sep 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 28 Oct 05.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Nov 05.
     Exhibit E.  Memorandum, AFBCMR Medical Consultant,
                 dated 12 Dec 06.
     Exhibit F.  Letter, AFBCMR, dated 14 Dec 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair





AFBCMR BC-2005-03049




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 [APPLICANT], be corrected to show that:

       a.  On 26 Apr 05, she was found unfit to perform the duties
of her office, rank, grade or rating by reason of physical
disability incurred while entitled to receive basic pay; that the
diagnosis in her case was mild asthma, rated at 10 percent; that
the disability was permanent; that the disability was not due to
intentional misconduct or willful neglect; that the disability was
not incurred during a period of unauthorized absence; and that the
disability was not received in the line of duty as a direct result
of armed conflict.

                 b.  On 26 Apr 05, she was honorably discharged by
reason of a physical disability with entitlement to disability
severance pay, rated at 10 percent, under the provisions of Title
10, United States Code, Section 1203 and AFI 36-3212.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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