RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-01010
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

1.  His character of service be  upgraded  from  general  (under  honorable
conditions) to honorable for medical reasons.

2.  His separation and reentry code be changed.

3.  His enlistment  bonus  debt  be  forgiven  and  his  remaining  service
obligation be eliminated.

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was unjustified due  to  a  medical  condition  that  he  was
diagnosed with and treated for prior to his date of separation (DOS).   His
chain of command  did  not  take  his  medical  condition  that  negatively
impacted his duty  performance  into  consideration  before  executing  his
administrative discharge.  He was taking strong medications for his medical
condition when he was placed in duty situations for periods of time greater
than 10 hours.  The side effects of the medication he was prescribed caused
drowsiness and caused him to fall asleep.  His chain of command should have
considered medical treatment instead of taking disciplinary and  separation
actions.  He did not have issues with discipline or poor performance  prior
to these incidents.  He is currently married with two children and  working
on a law  degree  at  the  University  of  Memphis  in  Tennessee.   He  is
completing a Bachelors of Science degree with a grade point  average  (GPA)
of 3.375 at the Tennessee Technology University.

In support of his request, the applicant provided excerpts from his medical
records.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in  the  Regular  Air  Force  on  8 December 1999.   On 7
December 2001, he was notified by his commander that he was recommending  he
be discharged from the Air  Force  under  the  provisions  of  AFI  36-3208,
Administrative  Separation  of  Airmen,   Misconduct,   minor   disciplinary
infractions.  The specific reasons for this action were:

On 15 November 2000, he received a Record  of  Individual  Counseling  (RIC)
for dereliction in the performance of his duties  by  violating  established
safety procedures for servicing an aircraft.

He was punished several times for failure to go at the  time  prescribed  to
his appointed place of duty.

On 26 March 2001, he received a RIC for failure to wear his  seatbelt  while
operating a motor vehicle.

On 5 June 2001, he received a Letter of Reprimand for  disobeying  an  order
to obtain a new uniform and get a haircut.

On 5 July 2001, he received an Article 15 with  a  suspended  reduction  for
failure to refrain from sleeping on duty.

On 31 October 2001, his suspended reduction was vacated  for  disobeying  an
order from the first sergeant and failure to refrain from sleeping on duty.

He was advised  of  his  rights  in  this  matter  and  declined  to  submit
statements on his own behalf.  On 17 December 2001,  he  was  discharged  in
the grade of airman.  He served a total  of  two  years  and  nine  days  on
active duty.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 4 January 2008, that,  on  the  basis  of  data
furnished, they are unable to locate an arrest record (Exhibit C).

On 8 January 2008, a request for information pertaining to his  post-service
activities was forwarded to the applicant for response within 30  days.   As
of this date, no response has been received by this office.  (Exhibit D).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states 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.   The
applicant did not submit any evidence or identify any errors or  injustices
that occurred in the discharge process.  He provided no facts warranting  a
change to his general discharge or narrative reason for separation.

The complete DPPRS evaluation is at Exhibit E.

The BCMR Medical Consultant recommends approval.  The Medical Consultant is
of the opinion that the applicant was not given full  due  process  in  the
handling of his discharge.  Thus, a recommendation is made to  upgrade  the
applicant's discharge to honorable with a change in reason for discharge to
a medical disqualification (unfit) for military service.   However,  it  is
unlikely that the applicant’s new reentry code would allow his re-entry  to
military service.  Although a waiver for entering military service  may  be
available for persons with the previous major depressive disorder, no  such
waiver is recommended for  Bipolar  Disorders.   Although  the  applicant's
family history is supported of existing prior  to  service  (EPTS)  factors
that predispose him for the development of a clinical Bipolar Disorder, the
Medical Consultant can not conclusively rule out  the  influence  of  other
service-related factors in the evolution  of  his  disease.   Specifically,
since the applicant was presumed fit at  the  time  he  was  accepted  into
active military service the Medical Consultant cannot qualify, or ascertain
the contributory effect of any EPTS factors in his case  and,  thus,  finds
his  condition  compensable  at  the  30%  disability  rating;  without   a
disability rating deduction.  Finally  while  placement  on  the  Temporary
Disability Retired List (TDRL)  is  the  usual  initial  consideration  for
unfitting medical conditions during the  initial  phase  of  treatment  and
stabilization, the Medical Consultant finds this course of  action  is  not
available.  Thus, in collective acknowledgment of a probable life-long  and
permanent nature of the applicant's disorder, its tendency to wax and  wane
over time, and the level of severity present at the time of  his  discharge
from active military service, a finding of a permanent  retirement  with  a
30% disability rating is recommended.

The complete Medical Consultant evaluation is at Exhibit F.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the evaluations were forwarded to the  applicant  on  21 December
2007 for review and comment within 30 days.  As of this date,  this  office
has received no response (Exhibit G).

________________________________________________________________

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 error or  injustice  warranting  corrective  action.   In  this
respect, after a thorough review of the evidence of record it  appears  that
the applicant's medical condition and its impact on  his  behavior  may  not
have been given appropriate consideration in effecting  his  discharge  from
the Air Force.  Accordingly, we  agree  with  the  assessment  of  the  BCMR
Medical Consultant and recommend his records be corrected  to  reflect  that
he was honorably separated from the  Air  Force  by  reason  of  a  physical
disability, rather than misconduct.  Regarding his request that his debt  be
forgiven, we note that his reentry and separation codes  will  automatically
be adjusted to reflect a  medical  reason  for  separation  and  it  is  our
understanding that the determining factor as to whether  or  not  recoupment
of his enlistment bonus is required, is driven by his separation  code.   We
have  been  advised  that  the  separation  code  that  corresponds  with  a
disability separation does not require recoupment.  Accordingly, it  is  our
opinion that his records should be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

Pertinent military records of the Department of the Air Force  relating  to
APPLICANT, be corrected to show that:

      a.  On 16 December 2001, he was found unfit to perform the duties  of
his office, rank, grade,  or  rating  by  reason  of  physical  disability,
incurred while he was entitled to receive basic pay; that the diagnosis  in
his case was mental disorder (bipolar disorder) VASRD Code 9432,  rated  at
30%; that the compensable percentage was 30%; that the degree of impairment
was permanent; that the disability was not due to intentional misconduct or
willful neglect; that the disability was not incurred during  a  period  of
unauthorized absence; and that the disability was not received in the  line
of  duty  as  a  direct  result  of  armed  conflict  or   caused   by   an
instrumentality of war.

      b. On 16 December 2001, he was honorably discharged and on 17
December 2001 he was retired by reason of physical disability under the
provisions of AFI 36-3212.

      c.  On 17 December 2001, he  elected  spouse  and  children  coverage
under the Survivor Benefit Plan (SBP) based on full retired pay.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-01010 in Executive Session on 27 February 2008, under the provisions
of AFI 36-2603:

                 Mr. Michael J. Maglio, Panel Chair
                 Ms. Dee R. Reardon, Member
                 Ms. Josephine L. Davis, Member


All members voted to correct the records, as  recommended.   The  following
documentary  evidence  pertaining  to  Docket  Number   BC-2007-01010   was
considered:

Exhibit A.  DD Form 149, dated 23 March 2007, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Negative FBI Report.
Exhibit D.  Letter, AFBCMR, dated 8 January 2008, w/atch.
Exhibit E.  Letter, AFPC/DPPRS, dated 29 June 2007.
Exhibit F.  Letter, BCMR Medical Consultant, dated 17 December 2007.
Exhibit G.  Letter, SAF/MRBR dated 21 December 2007.






                                   MICHAEL J. MAGLIO
                                   Panel Chair





[pic]


Office Of The Assistant Secretary

AFBCMR BC-2007-01010




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:

            a.  On 16 December 2001, he was found unfit to perform the
duties of his office, rank, grade, or rating by reason of physical
disability, incurred while he was entitled to receive basic pay; that the
diagnosis in his case was mental disorder (bipolar disorder) VASRD Code
9432, rated at 30%; that the compensable percentage was 30%; that the
degree of impairment was permanent; that the disability was not due to
intentional misconduct or willful neglect; that the disability was not
incurred during a period of unauthorized absence; and that the disability
was not received in the line of duty as a direct result of armed conflict
or caused by an instrumentality of war.

            b. On 16 December 2001, he was honorably discharged and  on  17
December 2001 he was retired by reason of  physical  disability  under  the
provisions of AFI 36-3212.

             c.  On  17 December  2001,  he  elected  spouse  and  children
coverage under the Survivor Benefit Plan (SBP) based on full retired pay.



                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency