RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02606
INDEX NUMBER: 108.00
XXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 28 Feb 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of “2C,” “entry level
separation without characterization of service” be changed.
His separation code and narrative reason for separation be changed
from “JGA,” “entry level performance and conduct” to reflect a medical
disqualifying designation.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Separation action was initiated against him for an “enlistment vision
disorder” and was therefore medical not misconduct.
Correction of this error in his records will allow him to pursue a
career in the Air Force.
In support of his application, applicant provides a signed statement,
a resume, several character references, and extracts from his military
medical records.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 11 Aug 94. On 1
Nov 94, his training squadron commander notified him he was
recommending his discharge from the Air Force for minor disciplinary
infractions and lack of aptitude for military service due to a Mental
Disorder diagnosed by the Behavioral Analysis Service. The specific
reasons for the commander’s action were a Letter of Reprimand issued
on 24 Oct 94 for Larceny and Wrongful Appropriation and the
applicant’s diagnosis with Adjustment Disorder with Mixed Emotional
Features. The applicant acknowledged receipt on 1 Nov 94, waived his
option to consult counsel and waived his right to submit statements.
The training squadron commander then recommended to the training group
commander the applicant be separated for the reasons as stated. The
discharge action was found legally sufficient and the applicant’s
discharge was approved. The applicant was discharged on 3 Nov 94 for
entry level performance and conduct with an RE code of “2C” and a
separation code of JGA.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. The preponderance of evidence of record shows that the
applicant’s entry level separation for performance and conduct was
appropriate.
The applicant was contesting a medical discharge for aphakia when his
adjustment disorder and misconduct came to light. Contrary to his
claim that he was discharged because of his existed prior to service
(EPTS) medical condition, he was separated because of his entry level
performance and conduct. His adjustment disorder could have been the
sole reason for his entry level separation, but when combined with his
misconduct, the reason given on the DD Form 214 is more appropriate.
His adjustment disorder did not cause his misconduct.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the BCMR Medical Consultant’s evaluation was forwarded to
the applicant on 3 Jul 07 for review and comment within 30 days. To
date, a response has not been received.
_________________________________________________________________
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.
_________________________________________________________________
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-
02606 in Executive Session on 9 August 2007, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Terri G. Spoutz, Member
Ms. Sharon B. Seymour, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Aug 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum,BCMR Medical Consultant,
dated 26 Jun 07.
Exhibit D. Letter, SAF/MRBR, dated 3 Jul 07.
MICHAEL K. GALLOGLY
Panel Chair
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