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AF | BCMR | CY2007 | BC-2005-03705
Original file (BC-2005-03705.doc) Auto-classification: Denied

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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