RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03705
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 9 MAY 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her records are in error because of her diminished mental capacity for
decision making during her discharge proceedings. At that time, she was
recently released from the base hospital where she had been admitted for
depression and recurrent suicidal tendencies. She was not competent to
make a rational decision due to her long-term suffering and irrational
behavior. No one should be punished for being mentally ill. She requested
help from her supervisors; however, they did nothing to help her.
No supporting documents. The applicant’s complete submission is at Exhibit
A.
________________________________________________________________
STATEMENT OF FACTS:
On 14 Oct 93, the applicant enlisted in the Regular Air Force at the age of
19 in the grade of airman basic for a period of 4 years. After completing
basic military and technical training, the applicant was assigned to duties
as a Services Apprentice.
On 1 Dec 96, the applicant was disrespectful towards an NCO and was
derelict in the performance of duties when she failed to take the change
fund and proceed to the front desk. On 4 Dec 96, she made a false official
statement to an NCO that she had a follow up medical appointment. For
these offenses, she received an Article 15.
On 16 May 96, she was delinquent in the amount of $140.00 on her DPP/UPDPP
payment with the Army Air Force Exchange Service. For this offense, she
received a letter of counseling.
On 10 & 17 Jun 96, respectively, she failed to go to her prescribed place
of duty at the appointed time for an outprocessing briefing. For these
offenses, she received a letter of reprimand.
On 7 Jan 97, the applicant was admitted to the Inpatient Mental Health
Unit, Kessler Medical Center, following the admission of passive suicidal
ideation due to being assigned to Correctional Custody. In a report dated
15 Jan 97, a medical director of Inpatient Psychiatry diagnosed the
applicant as follows:
Axis I: Adjustment Disorder with Mixed Disturbance of Emotion and
Conduct.
Axis II: Personality Disorder Not Otherwise Specified, with
Dependent Traits (as manifested by a significant fear of being alone;
reluctance to make important decisions by herself, with preference that
others make important decisions for her; fear of not being able to take
care of herself)
Axis III Irritable bowel syndrome, history of nocturnal
bronchospasm.
The medical director recommended that the applicant not be returned to
Correctional Custody and that she be administratively separated from active
duty.
On 4 Mar 97, the applicant’s commander notified the applicant that he was
recommending her separation from the Air Force under the provisions of AFPD
36-32 and AFI 36-3208 for Misconduct. The applicant acknowledged receipt
of the notification, waived her right to consult counsel, and declined to
submit statements in her own behalf.
In a legal review of the discharge case file dated 5 Mar 97, the Attorney
Advisor, Chief, Civil Law, found the file was legally sufficient and
recommended that the applicant be separated with a general service
characterization, without probation and rehabilitation.
On 14 Mar 97, the applicant was discharged because of misconduct and issued
a general (under honorable conditions) discharge. She had served three
years, five months and one day on active duty, to include 1 year, 11 months
and 26 days of Foreign Service.
The applicant submitted a similar application to the Air Force Discharge
Review Board (AFRDB) requesting her discharge be upgraded to honorable. On
22 Mar 99, the AFRDB concluded that no legal or equitable basis for upgrade
of discharge existed, and denied the applicant’s request.
In response to the Board’s request, the FBI indicated they were unable to
identify with an arrest record pertaining to the applicant on the basis of
information furnished.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states based on the documentation
on file in the master personnel records the discharge was consistent with
procedural and substantive requirements of the discharge regulation and
within the discretion of the discharge authority. In addition, the
applicant did not submit any evidence or identify any errors or injustices
that occurred during the discharge processing; nor did she provide any
facts warranting a change to her character of service.
The complete DPPRS evaluation is at Exhibit C.
The BCMR Medical Consultant opines no change in the records is warranted.
The BCMR Medical Consultant states adjustment disorder and personality
disorder are conditions that alone or together may render an individual
unsuitable for military service. Adjustment disorder is characterized by
marked psychological distress in response to identifiable stressors that
overcome the individual’s ability to cope and is frequently associated with
significant impairment in social and occupational functioning. Personality
disorders are frequently exacerbated by stress and frequently present with
symptoms consistent with adjustment disorder. Adjustment disorder and
personality disorder are not medically disqualifying or unfitting but may
render the individual unsuitable for further military service and may be
cause for administrative action by the individual’s unit commander.
In this instance, the applicant manifested symptoms of adjustment disorder
and personality disorder in the setting of non-judicial punishment and
imminent entry into correctional custody. The commander used his
discretionary authority following policy guidance in AFI 36-3208 in
concluding misconduct formed the primary basis for discharge. Review of
the medical records does not show diagnosis of a mental or physical
condition that impaired the applicant’s mental capacity to understand and
participate in the administrative discharge process. Furthermore, mental
health record entries noted her symptoms of distress were improved a month
before she received the discharge notification memorandum.
The BCMR Medical Consultant concludes that the applicant’s discharge was
within the discretion of the discharge authority and was consistent with
Air Force discharge policy guidance. Evidence of the medical records does
not indicate the commander improperly or unjustly used his discretionary
authority. Action and disposition in this case are proper and equitable
reflecting compliance with Air Force directives that implement the law.
The complete BCMR Medical Consultant’s evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 23
Dec 05 & 11 Jan 07, respectively, for review and comment within 30 days.
As of this date, this office has received no response.
________________________________________________________________
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 error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the BCMR Medical Consultant and
adopt his rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend granting
the relief sought in this application. Furthermore, we do not find
clemency is appropriate in this case since the applicant has not provided
any evidence of a successful post-service adjustment.
________________________________________________________________
The following members of the Board considered in Executive Session on 27
February 2007, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard Jr., Member
The following documentary evidence was considered in AFBCMR BC-2005-03705:
Exhibit A. DD Form 149, dated 14 Nov 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 16 Dec 05.
Exhibit D. Letter, BCMR Med Consultant, dated 10 Jan 07.
Exhibit E. Letters, SAF/MRBR, dated 23 Dec 05 & AFBCMR,
dated 11 Jan 07.
KATHLEEN F. GRAHAM
Panel Chair
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