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AF | BCMR | CY2007 | BC-2007-00172
Original file (BC-2007-00172.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00172

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  22 July 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The diagnosis of Avoidant Personality Disorder be removed from his records.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The diagnosis of his condition was incorrect.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force and entered active  duty  on
30 November 1995.

On 21 March 2002, he received punishment under Article  15  of  the  Uniform
Code of Military Justice (UCMJ) for dereliction of  duty,  i.e.,  failed  to
follow procedures regarding the release of confidential patient  information
in  accordance  with  Medical  Group  Instruction  41-25,  with   punishment
consisting  of  a  suspended  reduction  to  the  rank  of  senior   airman,
forfeiture of $876.00 pay per months for two months and  a  reprimand.   The
Article 15 was filed in his Unfavorable Information File (UIF).

The Enlisted Performance Report, closing 8 December 2003,  was  referred  to
the applicant due to ratings of Unacceptable  and  Ineffective,  in  Section
III, items 4 and 5, respectively.

On 12 January 2004, the commander notified the applicant of  his  intent  to
initiate administrative discharge action against  him  for  conditions  that
interfere  with  military  service,  specifically  mental  disorders.    The
commander noted  that  before  recommending  his  discharge,  the  applicant
received counseling from supervision and received treatment  from  the  Life
Skills Support  Center  staff.   The  treating  psychologist  diagnosed  his
condition as an Adjustment Disorder with  Depressed  Mood  and  Occupational
Problem and Avoidant Personality Disorder.

On 25 February 2004, he was honorably discharged  under  the  provisions  of
AFI 36-3208 (Personality Disorder) with a compensable disability  rating  of
10 percent.  He completed 8 years, 2 months, and 25 days of active service.

On 18 August 2004, the Department of Veterans Affairs (DVA)  awarded  him  a
combined compensable disability rating of 10 percent  for  a  meniscus  tear
right knee and 10 percent disability rating for  flat  feet.   On  3  August
2005, the DVA  denied  him  service  connection  for  Avoidance  Personality
Disorder.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted.  He states, in part, that it appears the applicant’s chain  of
command correctly recognized  his  psychological  problems  to  explain  his
behavioral and occupational difficulties.  It is  conceivable  that  without
the Personality Disorder diagnosis, a discharge for  misconduct  would  have
been considered.  The Personality Disorder diagnosis may  have  allowed  the
applicant to receive an honorable, rather than  a  general  discharge.   The
preponderance of the evidence shows the applicant  did  have  a  Personality
Disorder that was unsuiting for  military  service  and  his  administrative
separation was appropriate.  Although the applicant may feel  that  he  does
not have a Personality Disorder, it would not be surprising  that  he  might
appear normal when not exposed to  the  rigors  of  military  service.   The
Department of Veterans Affairs (DVA) evaluation considered  his  Personality
Disorder and concluded that he did not have a disabling  condition  at  that
time.  It did not state that he did not have a Personality Disorder when  he
was on active duty.

The BCMR Medical Consultant evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

A complete copy of the BCMR Medical Consultant’s  evaluation  was  forwarded
to the applicant on 17 August 2007,  for  review  and  comments,  within  30
days.  However, 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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review  of  the  evidence
of record  and  applicant’s  submission,  we  are  not  persuaded  that  the
applicant’s disability rating should be changed.   We  took  notice  of  the
applicant's complete submission in judging the merits of the case;  however,
we  agree  with  the  opinions  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.

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 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-2007-00172
in Executive Session on 18 September 2007, under the provisions of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Patrick C. Daugherty, Member
                       Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jan 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memo, BCMR Medical Consultant, dated 14 Aug 07.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Aug 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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