Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2006-02606
Original file (BC-2006-02606.doc) Auto-classification: Denied

                       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

Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-03882

    Original file (BC-2002-03882.doc) Auto-classification: Approved

    The reason for the commander’s recommendation was the applicant’s evaluation and diagnosis by the Behavioral Analysis Service with Axis I: Phase of Life Problem, maladjustment to military service, disqualifying severity. At the time the applicant was evaluated and diagnosed by mental health personnel with the unsuiting condition leading to his discharge, the evaluating psychiatrist noted that the applicant was “experiencing a temporary problem that should be “resolvable” within the next six...

  • AF | BCMR | CY2003 | BC-2002-01981

    Original file (BC-2002-01981.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-01981 INDEX CODE: 100.03, 100.06 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her reenlistment eligibility (RE) code be changed. The Medical Consultant evaluation is at Exhibit C. AFPC/DPPAE reviewed applicant’s request and recommends denial. Additionally, she provided no facts warranting a change...

  • AF | BCMR | CY2005 | BC-2004-02578

    Original file (BC-2004-02578.doc) Auto-classification: Approved

    ________________________________________________________________ APPLICANT CONTENDS THAT: He does not have a mental disorder and is fit to be in the Air Force. ________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends the narrative reason for the applicant’s discharge be changed to Secretarial Authority and recommends the RE code not be changed. Exhibit C. Letter, BCMR Medical Consultant, dated 6 Jun 05.

  • AF | BCMR | CY2003 | BC-2002-02665

    Original file (BC-2002-02665.doc) Auto-classification: Denied

    The applicant was discharged on 19 Jul 02 with a narrative reason of “Personality Disorder,” a separation code of JFX, and a reenlistment eligibility (RE) code of “2C,” “Involuntarily separated with an honorable discharge.” _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial of the applicant’s request. Enlistment bonuses are recoupable provided the member is separating voluntarily, or is being separated for...

  • AF | BCMR | CY2002 | BC-2002-03011

    Original file (BC-2002-03011.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03011 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be changed. DoD has determined that it would be unfair to the applicant and the service if the limited service of the airman were characterized. (Exhibit D) HQ AFPC/DPPAE confirms that the RE...

  • AF | BCMR | CY2003 | BC-2002-03011

    Original file (BC-2002-03011.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03011 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be changed. DoD has determined that it would be unfair to the applicant and the service if the limited service of the airman were characterized. (Exhibit D) HQ AFPC/DPPAE confirms that the RE...

  • AF | BCMR | CY2003 | BC-2002-02947

    Original file (BC-2002-02947.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-02947 INDEX CODE: 100.03, 100.06 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her reenlistment eligibility (RE) code be changed to one that would allow her to enlist in the Air National Guard. She served 3 months and 8 days on active duty and was issued an RE code of...

  • AF | BCMR | CY2006 | BC-2005-00660

    Original file (BC-2005-00660.DOC) Auto-classification: Denied

    The applicant’s military records contain limited documentation and do not contain his discharge package or the associated mental health evaluation supporting his discharge. There is no documentation in the case file, or in the evidence submitted by the applicant to show what diagnosis formed the basis for his administrative discharge for unsuitability. The BCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S...

  • AF | BCMR | CY2008 | BC-2007-03120

    Original file (BC-2007-03120.doc) Auto-classification: Denied

    She provided no facts warranting changing the narrative reason for separation to “fulfillment of service” or a change to her RE code. Therefore, her uncharacterized character of service is correct and in accordance with DoD and Air Force instructions. The DPSOA evaluation, with attachments, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 26...

  • AF | BCMR | CY2004 | BC-2003-00945

    Original file (BC-2003-00945.doc) Auto-classification: Denied

    The commander indicated in his recommendation for discharge action that before recommending the discharge, the applicant received counseling with a chaplain during the month of January 1997 for an incident in which he expressed suicidal ideations. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S...