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AF | BCMR | CY2007 | BC-2007-01145
Original file (BC-2007-01145.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01145
            INDEX CODE:  110.02

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Separation Program Designator (SPD) Code of “JFY” [Adjustment  Disorder]
be changed to an SPD code that will entitle  him  to  Transition  Assistance
Program (TAP) benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His SPD code is incorrect.  The error was discovered  at  the  time  of  his
separation; however, due to a  rush  to  separate  him  no  later  than  his
separation date the error was not corrected.

If his SPD code  were  changed  he  would  be  eligible  for  TAP  benefits.
Specifically,  he  wants  the  two  years  Commissary/BX/MWR   benefits   as
indicated in AFI 36-3022, Transition Assistance Program, dated 1 Sep 99.

In support of his request, applicant provides  copies  of  his      DD  Form
214, Certificate of Release or Discharge from Active Duty and  AF  IMT  100,
Request and Authorization for Separation.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 20 Sep 05, in  the  grade  of
airman basic, for a period of four years.

Applicant’s commander notified him on 7 Feb 07  that  she  was  recommending
discharge  from  the  Air  Force  for  Mental  Disorders,  specifically,  an
Adjustment Disorder with Mixed Disturbances of Emotions  and  Conduct.   The
commander recommended an  honorable  discharge  based  on  a  Mental  Health
Evaluation  reflecting  the  following  diagnoses:   Axis   I:    Adjustment
Disorder  with  Mixed  Disturbance  of  Emotions  and  Conduct,   Axis   II:
Diagnosis Deferred, Axis III:  Noncontributory, Axis IV:   Problems  related
to  occupations,  primary  support  and  social  environment,  and  Axis  V:
Current:  55.  It was also determined applicant was deemed not suitable  for
continued military service based on the above diagnoses.

Applicant  acknowledged  receipt  of  the  notification  of  discharge   and
consulted with counsel and submitted statements in his own  behalf.   On  20
Feb 07, the base legal  office  reviewed  the  case  and  found  it  legally
sufficient to support separation and  recommended  applicant  be  discharged
with an honorable  discharge  without  probation  and  rehabilitation.   The
discharge authority approved the separation and directed that  applicant  be
discharged   with   an   honorable   discharge   without    probation    and
rehabilitation.

On 28 Feb 07, applicant was honorably discharged  under  the  provisions  of
AFI 36-3208, with separation code JFY (Adjustment Disorder), and was  issued
an RE Code of 2B.  He served on active duty  for  a  period  of  1  year,  5
months and 11 days.

EXAMINER’S NOTE:  Corrective action has been  taken  to  change  applicant’s
reenlistment eligibility code on his DD Form 214, from “2B” (Separated  with
a general or under other than honorable  conditions  (UOTHC)  discharge)  to
“2C” (Involuntarily separated with an honorable discharge;  or  entry  level
separation without characterization of service).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied,  and  states,  in  part,
based on the documentation on file in  the  master  personnel  records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was  within  the  discretion  of
the discharge authority.

Applicant did not submit any evidence or identify any errors  or  injustices
that occurred in the discharge processing.  Applicant’s  Separation  Program
Designator (SPD) is correct and he provided no facts warranting a change  to
his SPD code.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 May 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant 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 timely filed.

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  Air  Force  office  of  primary
responsibility and adopt its 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-2007-
01145 in Executive Session on 19 July 2007, under the provisions of AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Teri G. Spoutz, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
01145 was considered:

    Exhibit A.  DD Form 149, dated 9 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 20 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 24 May 07.




                                             MICHAEL K. GALLOGLY
                                             Panel Chair

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