RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00527
INDEX CODE: 100.03
XXXXXXX COUNSEL: NOT INDICATED
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 26 AUG 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed to allow him to
reenter the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received an honorable discharge, yet his RE code disqualifies him
from reentering the Armed Forces.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
12 March 1997 for a term of 6 years. On 16 October 1997, he was
notified by his commander that he was recommending he be discharged
from the Air Force, due to a mental disorder. The reason for this
action was that on 25 September 1997, he was diagnosed by a
psychologist as having an adjustment disorder, mixed disturbance of
conduct and mood. His disorder was determined to be so severe it
significantly impaired his ability to function effectively in the
military environment. He acknowledged receipt of the notification for
discharge on 16 October 1997, and waived his rights to consult with
legal counsel and submit statements in his own behalf. The base legal
office reviewed the case and found it legally sufficient to support an
honorable discharge. On 22 October 1997, he was administratively
discharged under the provisions of AFI 36-3208, Administrative
Separation of Airman, (mental disorder), with an honorable discharge,
and issued an RE code of 2C “Involuntarily separated with an honorable
discharge; or entry level separation without characterization of
service”. He served 7 months and 11 days total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant opines that a change in the RE code that
would allow the applicant to apply for reentry into military service
is supported by a preponderance of the evidence of the record.
The applicant was administratively discharged from the Air force due
to unsuitability with a diagnosis of adjustment disorder. The
diagnosis resulted from three academic failures despite high aptitude
testing, his clear expression of physical and emotional maladjustment,
and his failure to improve with offered treatment. 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. The emotional and behavioral
responses may be in excess of what would normally be expected given
the nature of the stressors. Manifestations can include depressed
mood, anxiety, and disturbances of conduct. One of the key features
of Adjustment Disorder is that the condition typically resolves with
relief of the stressors. Individuals who develop Adjustment Disorder
due to the stress of the routine rigors of military service with or
without concomitant personal issues are not suited for military
service and are subject to administrative discharge by their
commander.
The fact that he is functioning well at this time at home confirms his
diagnosis of Adjustment Disorder, however it does not predict that he
will respond well to the stresses of military operations, deployment,
or combat when he is separated from his familiar surroundings and
usual support system of family and friends. His past experience is
predictive of an increased risk for recurrent of debilitating anxiety
and adjustment disorder if re-exposed to the rigors of military
training and service.
However, review of the original mental health evaluation report does
not reflect severe symptoms, and the recent psychological evaluation
ten years later indicates the applicant is basically psychologically
healthy. The applicant’s assertion that his developmental
circumstances delayed maturity is a plausible explanation supported by
the submitted evidence. Evidence that he is performing well in a job
in a military aviation setting that is also performed by active duty
members combined with strong letters of recommendation from pilots and
senior officers familiar with the applicant’s on-the-job performance
is further evidence of his contention. While the recent psychological
evaluation appears to strongly support the applicant’s reentry into
military service, it still raises concern regarding the presence of
maladaptive personality traits that were prominent enough to comment
on and that may still predispose the applicant to difficulty when
under stress including disappointment if he doesn’t get what he wants
(for example acceptance for, or completion of, certain specialized
training) and the Air Force assigns him to a career field meeting the
needs of the Air Force but not his desires. After consultation with
the Air Force psychiatric consultant, it is felt that evidence of the
record indicates the applicant may represent a reasonable risk for
changing the reenlistment code allowing reentry into military service,
especially when considering the current occupational success as a crew
chief at an Air Force base.
Review of the records clearly shows that his discharge under
provisions for unsuitability was proper and equitable reflecting
compliance with Air Force directives that implement the law. However,
the applicant has submitted evidence to support a change of the
reenlistment code. Should the Board decide to change the RE code, it
is not the same as erasing the applicant’s history of adjustment
disorder leading to discharge and it remains a significant medical
history that should be revealed by the applicant in enlistment and
commissioning examinations allowing for proper evaluation and waiver
processes.
The Medical Consultant’s 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
21 February 2007, for review and comment 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. Even though the applicant has
provided no evidence to show that his separation was improper or not
in compliance with the appropriate Air Force Instructions, it is our
opinion that relief is warranted in this particular case. In this
respect, we note the applicant has provided evidence to support a
change of the RE code and the BCMR Medical Consultant also opines that
a change in the RE code is supported by the preponderance of the
evidence of record. In view of this, we believe that his RE code
should be changed to a waiverable code in order to provide the
applicant an opportunity to apply for reentry into the military.
Whether or not he is successful will depend on the needs of the
service and our recommendation in no way guarantees that he will be
allowed to return to any branch of service. Accordingly, we recommend
that his records be corrected to the extent indicated below.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that at the time of his
discharge on 22 October 1997, he was issued an Reenlistment
Eligibility (RE) code of 3K.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2006-
00527 in Executive Session on 19 April 2007, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James A. Wolffe, Member
Ms. Maureen B. Higgins, Member
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Feb 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 20 Feb 07.
Exhibit D. Letter, SAF/MRBR, dated 23 Feb 07.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2006-00527
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 XXXXXXX, XXXXXXX, be corrected to show that at the time of his
discharge on 22 October 1997, he was issued an Reenlistment Eligibility
(RE) code of “3K”.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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